everyone! please read and reply! tell me what to do!!!

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NatsuDragon

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Okay so i have a major question. I myself am not really familiar with LAW and so this is why im here. Let me tell you what happen, and please leave a reply on what we can do.

So my sister and I both work at a Walmart in South Dakota. Basically, in june my sister had a stroke. She's only 22! Anyway, she recovered really quickly but she's still really weak in her right arm. The doctor said to my parents that I can still work overnights but as for my sister, She put her on a restriction:
No overnights ever again (she said it's detrimental to your health..)
A lifting restriction of 25 lbs to start out with (until she gets 100% feeling again in her arm and hand..)
And working only 2 hrs at week 1
going up to 4 hours at week 3
and then 6, then 8 ect..)

Walmart looked at all of this, and did not reasonably accommodate her. .. Actually, THEY DIDNT LET HER COME BACK. She was clear to come back for over a month now, and still they keep denying her. and they are discriminating against her Why> because she has to be able to lift "at least 30 lbs.." but what doesn't make sense is that this walmart is EXTREMELY desperate for people, and she's really willing to come back. I will also note that she hurt her shoulder 1 month prior to her stroke and she was on a 0 lb weight restriction and they let her come back to dayshift answering phones. Now, she wanted to start out maybe doing that again. And they told her that she couldn't. There was already people answering phones.
I work overnight shift, and i talked to the dayshift ladies in Apparel. They said "no ones answering phones...and they ring off the hook. that would be really helpful if you came back and did that"
but they made up an excuse and wont let her come back at all. Why would you let her come back a few months ago with NO lifting restriction, but now she has a 25 lb weight restriction and they WONT let her come back? that makes no sense to me.

now supposedly they took away all her benefits and everything from her. We just found that out today...they essentially canned her without notice.

all because she had a stroke. They are supposed to be "equal opportunity employers" but it's not that equal if you have a stroke, is it. They wont let her come back...and to me, that feels illegal. they put her on a Leave of Absence because of all the time in the hospital and ect.

Well anyway, now they took everything away from her, and even though she can lift, she's well again from her stroke..she's ready and willing to work, they wont let her come back!
I feel we could sue them. Does it look like we have a case?
 
Nope, when it comes to her former job, she can be refused return until she is able to complete it without restriction. That said, Walmart has tended to be very disabled friendly. Perhaps she can talk to the store manager about a part time greeter position or something until she is ready to assume full duties.
 
Not seeing a case. Modified duty jobs when it is a work injury are treated very differently and it is totally and completely legal to distinguish between the two. The ladies working in apparel do not get to decide what additional help they think would be useful or which duties they don't want to perform.

Your employer is also not required to schedule the way her doctor would like and it may be that they do not have a 2 hour a week job for just one week with those kinds of restrictions. It might be that they can accommodate for some set period of time but only if she can do certain things. The law does not require that employers accommodate any and all restrictions, and that is especially true when it is open ended as to when the employee will resume full duties.

The longest the law requires they hold her position, assuming she qualified, is 12 weeks. There are a few places which have longer time frames but SD is not one of them. If this happened in June, she is well over the 12 weeks.

Her best bet is to concentrate on her recovery and reapply or seek other employment when she is able.
 
Based on what you posted, I don't see a case where the employer did anything illegal. When she gets well enough to work at another job, she can look for employment elsewhere.

I wish her well on her recovery.
 
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