St Louis, MO asked in Employment Law and Employment Discrimination for Missouri

Q: Had to get a new prosthetic it took 4 weeks. When I told my manager I could work again he hired someone.

So when I finally received my new prosthetic my boss told me he couldn't wait and had to hire someone else. He told let's play it by ear and that he might be able to get me a couple nights at the door. I was working 5 days a week in the kitchen and the job I was doing was built around me having a prosthetic leg. By him saying I can give you a couple nights means I can't file for unemployment? Even if I can't sustain living on that.. correct?

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Employment Law Lawyer
  • Newport Beach, CA

A: Multiple questions here. First possible discrimination by failing to provide a reasonable accommodation to a physically handicaped employee. Next, possible violation of the Family and Medical Leave act, if you were employed for over a year and worked over 1250 hours during that time. Finally, an offer to keep you employeed part time is not an offer that you must accept which would void any unemployment insurance claim, in most states. The employment offere must be for comparable employment. If you were 40 hrs + and he is offering 16, that is not a viable job offer, for the reasons you pointed out. You should contact an employment attoney in your local area to discuss these matters. Do not delay because there may be a statute of limitations in effect that will affect you. Thanks for using Justia ask a lawyer.

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