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Why an Open Job Beats Unpaid Leave When an Employee Can Work

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he employee asked his manager about less physically demanding jobs. The manager offered to contact the risk department, then could not remember whether he ever did.

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DR: The Fourth Circuit revived an employee’s ADA accommodation claim after his employer kept him on unpaid leave while filling customer service and sales positions he claimed he could perform. The employer preserved its separate victory on his discharge claim because his discrimination charges

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See also  Can an Ignored Accommodation Request Turn a Performance Firing Into an ADA Claim?

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