Pregnant employee claims lifting restriction

tempman

We are a temporary agency. A female employee signed an essential functions statement indicating no problem lifting up to 25#s. While on job she becomes pregnant goes to doctor who gives her a statement that she cannot lift this same weight any longer. Employee brings statement to office and says she can no longer perform this lifting and leaves. We replace her since she doesn't return to work. Employee doesn't call in for any other job assignments where lifting may not be an issue. Several weeks later we receive claim filed thru EEOC that we terminated her due to pregnancy discrimination.

Balloonman

Sounds like she abandoned her job to me.
My $0.02 worth.
DJ The Balloonman

Don D

Copy your above post. Retype it and insert the name of the charging party. Fax it to the EEOC with a copy of the medical restriction. You win. Well, not exactly that simple, but not very much more difficult than that either.

System

Yep- Job abandonment for sure. She did not call in for any other work. However, I used to work for a temp agency and had an identical situation. The key thing we did (that the court will ask you) is did you try to call her EVEN ONCE for any Assignments. If she turns down or does not call back at that point, you have a case!!

scottorr

You are not required to give work that you do not have. Did you fire the "employee/temp" or did she just stop calling in for work assignments? If she is the one that ended the relationship, you have done no wrong. Make sure you have any and all documentation.