Lawyers.com > Discuss Your Legal Issue > Ask a Lawyer > Labor and Employment > I'm a UPS Driver and have been diagnosed with epilepsy, now I can not pass a DOT physical. Ups is going to put me backpart time. Is there a case?

I'm a UPS Driver and have been diagnosed with epilepsy, now I can not pass a DOT physical. Ups is going to put me backpart time. Is there a case?

1 Answers. Asked on May 15th, 2017 on Labor and Employment - North Carolina
More details to this question:
Been with company 10 yrs. Full time 2 and half yrs. I cannot afford to go part time.
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Answered on May 17th, 2017 at 6:06 AM

Hard to tell for sure, but likely not.  If you are in a DOT covered position, and need DOT clearance to perform that position, UPS is not required to keep you in that position. There is no law that requires an employer to employee anyone full-time meaning the employer can effectively change anyone from full-time to part-time and back whenever it wants.

I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.

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