At the end of April, Walmart’s policy changing the physical requirements for their beloved Greeters will take effect and they will be replaced with the role of “customer hosts.” Walmart originally explained its plan for Greeters to become Customer Hosts in 2016, but the change goes into full effect April 2019. The physical demands of the role of Customer Host are much greater than the Greeter role. Unfortunately, that means many Greeters who are disabled may not be able to meet the new physical demands. For example, Customer Hosts will have to stand for longer durations and must be able to lift up to 25 pounds. Many disabled employees currently serving as Greeters will not be able to meet these demands, even after being offered reasonable accommodations. Because they will no longer be able to perform the essential duties of their occupation, these employees will need to find new jobs within Walmart or with a new company altogether.
Working while disabled has many challenges. Many disabled people have to fight an uphill battle just to find a job that they are able to perform. While working, they have to advocate for the accommodations that allow them to continue working. Even after it feels like the pieces have fallen into place, it’s important to remember that job descriptions and health conditions can change at any time. By preparing now, you can be ready for unexpected changes to your ability to work.
An important way to protect yourself and your family from changes to your job is to review your short and long-term disability insurance, or hire a disability lawyer for professional assistance. If your job description changes and you become unable to perform your occupation, you may want to use short or long-term disability benefits to help replace some of your wages while you figure out your next steps.
If you receive short or long-term disability benefits from your employer, they are likely governed by the Employee Retirement Income Security Act of 1974 (“ERISA”). When disability benefits are subject to ERISA, there are special (and complex) rules that apply to claims, which is why it may be a good idea to hire a disability attorney. It is one thing to have disability benefits, but particularly if you are working while disabled, it is important to know what protections you may have and how they work.
At Marcellino & Tyson, we understand matters of ERISA and disability insurance and how to navigate the often-complicated administrative process required by disability claims. “Bryan Tyson and the ERISA team are highly knowledgeable and experienced Charlotte ERISA and long-term disability attorneys. Bryan and his team have helped numerous disabled persons navigate their disability benefits and reverse benefit denials.” Whether your job description changes, you become disabled, or need guidance with an ERISA claim, Marcellino & Tyson understands the difficult process and is ready to advocate for you and protect what’s yours.
The purpose of Marcellino & Tyson’s blog and information postings is to provide news, general information and a general understanding of the law. All content is for informational purposes only and is not legal advice. In addition, reading our informational news does not establish an attorney-client relationship. If you are seeking legal advice, we encourage you to contact an attorney to evaluate your needs.