I had questions on whether I should seek legal help or not involving a situation at work involving an oral agreement

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Customer: Hello I had questions on whether I should seek legal help or not involving a situation at work involving an oral agreement upon my hire
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I don't feel that I can trust our HR team to give me an honest and unbiased answer to help me. No ma'am I have not spoken to a lawyer yet
JA: Are you an "at will" employee? Do you belong to a union?
Customer: I am an employee for the State of Indiana, so I believe it would fall under the "at will" category. No ma'am, I do not belong to a union
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am currently on FMLA, due to past medical conditions that were aggravated upon my last hire with the State of Indiana, that then became aggravated again during my recent hire with the State now
Answered by Richard in 4 mins 5 months ago
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Richard
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Richard
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Richard
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Richard, Expert

Hello. My name is ***** ***** I have been a licensed attorney for over 25 years and hope to be of assistance. Please be advised that this website is for information purposes only and I cannot formally represent customers of this website or perform actual legal services on your behalf. I know your question is important and I’m working on typing an answer to your question now. The site will offer you a premium service charge phone call and I would be more than happy to assist you via telephone if that would be easier for you. Sometimes responses and replies take time, and we ask you to be courteous and patient to allow the expert to type your answers to you and also to others.

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Richard, Expert

I would be more than happy to assist you with you legal questions. I am sorry to hear about your issue with your employer. I know that can be stressful and difficult to experience. I do have a follow up question to assist you further. What is your legal question regarding this issue?

Customer
Hello Richard, thank you for taking the time to help me. I have multiple questions that would take some time to type, but the most important question that I have at this moment is, is it legal to deny an application or position to someone based off of their physical health or disability?
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Richard, Expert

Yes, they can legally deny a job based on disability if the applicant cannot do the "essential functions of the job" with "reasonable accommodation".  That is the test under the ADA.

Customer
Ok, when I was hired back with the State of Indiana back in April of this year, I went in for an interview for a Steam Plant Operator position. I wanted to learn a trade of being a Boiler Operator. Upon coming in for the interview for this position, I was asked if I would be interested in working a different position for the time being because they desperately needed someone for the GCD (Grounds Crew) position, which is basically taking care of the lawn, weed eating, cutting down trees, or anything else that might need tending to. It was orally agreed that if I took this position, that it would not be permanent and I could have the opportunity to for the position that I originally applied for after they could get someone else. They hired in a worker for the position, but now they are not wanting to follow through with what was agreed upon. Even though I have a chronic health condition that flares up here and there and may cause me to use FMLA leave, with medication I am able to perform the tasks needed to conduct the job tasks more days than not. Can I still argue the case and hold them accountable to the oral agreement?
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Richard, Expert

Unfortunately, there would likely be no legal means to hold them to an oral promise under "at will" employment.  You would need a written contract with specific terms of the agreement to be enforceable in court. I wish I had better news for you.

Customer
Ok. Now when you said they can legally deny a job based on disability if the applicant cannot do the "essential functions of the job" with "reasonable accommodation". I can do the required essential functions of the job, even without accommodations on their part, but they can still deny me the position based on my injuries. What is your meaning when you say that is the test under the ADA?
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Richard, Expert

It would be what you just stated.  They can deny you a job if your disability results in you not being able to do the essential functions of your job with reasonable accommodation.  If you have evidence that you were denied a job based on your disability, even though you can do the essential functions of the job, then you can file a charge of discrimination with the EEOC so they can investigate the matter. This would be a prerequisite to any legal claim. You can find more information at www.eeoc.gov.

Customer
Thank you I will look into that. I did receive an email on the 20th from the Steam Plant Supervisor asking when I could come in for an interview for the position. I responded to him that I could be there on the 3rd of January due to me recovering from a minor procedure to help with my chronic nerve pain. I didn't receive a response until the next day which stated that they were moving on with another candidate. Could I argue the fact legally that I wasn't given the opportunity for the interview?
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Richard, Expert

You can make that argument, however, it may be difficult if they take the position that they needed to fill the position as soon as possible and couldn't wait until January 3rd

Customer
I did check in with one of the supervisors and he stated that they didn't have someone lined up for it. They only had an interview for someone on the same date that I said I could come in
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Richard, Expert

Ok.  If you feel they did not interview you because of your medical issue, you can file a charge of discrimination with the EEOC as described above.

Customer
Also the last part of my inquiry, I was originally hired into the State of Indiana back in 2018. I fell down a stairwell at the Westville Correctional Facility in August of 2020 which in turn aggravated multiple discs in my upper back and lower back. I in turn went on disability in September, 2021 where I then learned of the nerve damage and other problems. My doctor has told me that this isn't something that could heal at this point and would continue to get worse over time resulting in needing spinal surgery. I was cleared to go back to work in April of this past year, but the injury ended up being reaggravated again. Should I look into worker's compensation considering that the original occurrence of the injury was done while working for the state during my previous hire?
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Richard, Expert

Yes, that would be a workers compensation claim if the original injury occurred on the job.

Customer
Okay, thank you very much for your time Richard. I appreciate it
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Richard, Expert

You're welcome! I'm so happy to hear that it was helpful. I will leave the thread open until tonight or tomorrow in case you have another related follow-up question. From there, I'll close the thread with a message. Feel free to disregard that, as it's just a requirement on my part. If you have any questions after that time period, feel free to mark me as a favorite expert or tag me with @wolfelawfirm to have me as your expert again. Take care!

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Richard, Expert

I was just checking to see how it's going. I want to make sure you are taken care of. If you need to continue or if there is anything else I can assist with, let me know here, and I will be happy to assist further! Have a great day.

Customer
I greatly appreciate that Richard. I have had some things come to light last night regarding workers compensation that have raised some concerning questions that I have
Customer
Hope you have a great day too sir
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Richard, Expert

No problem best of luck.

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