can only twenty five to twenty four hours a week this was a part time position he went and saw as doctor his doctor sent by a note to the employer and the mutual post the americans with disabilities act amendments where the a d a s supposed to be construed liberally liberally in favor of our disabled americans and so my client was told that he could not return to work unless he had no restrictions his manager testified that he that he could be accommodated and against his doctor's note the and that evidence weighs against his doctor's note and at some point you have to flesh out what and good faith interactive process is in the circuit seems to me that adverse facts for you on this record as i understand completely by any means it was manager kirby who said that not got it right well now that the evidence is contra contradicting i can point you in rebuttal and i will he says in november the manager says he he came to her and they said and i and i and i'll check that judge but you said obvious and you're right people like you and it is obvious but you have to remember these folks are persons with disabilities against a multibillion multimillion dollar corporation with h r individuals and they don't understand on these facts i think he went to his manager according to his manager after that letter but even if even if judge that letter should have never been sent a good faith interactive process does not mean getting a write a letter from your doctor from of the employer's doctor saying ok do the work we want you to do so we're just going to put you on leave no judge this gentleman was an educated relatively he was he he went to the doctor's note without his knowledge saying he could return to work twenty four hours are limited to twenty four hours with no heavy lifting climbing etc which they considered those are essential functions and they therefore manager and that's the point i have to correct in rebuttal if i can but my point to you judge is just sending a letter out to a disabled employee whom to us it's obvious that he should communicate with it with the person that wrote the letter but the face of this corporation was the manager and judge of good faith and good faith interactive process isn't sitting getting a let that that says ok your doctor says you can't work you can't work go on leave when you have an employee that has articulated a reasonable accommodation there should have been a sit down here and in fact there was an attempt he did attempt to sit down before the letter you reference and that is what we're home trying to hold dollar general accountable for the manager was told really by the decision maker he can't work unless he has no restrictions judge there's a body of law out there that says any further action that he would have taken argue this in the brief all be it in that context title to not title one that any further communication would have been futile so that's the real answer to your question ok say that this person with a disability this relatively an educated person who's trying to work his way off so security disability and slips that he understands the intricacies of the a d f another way do you know how many eighty eight cases i've lost when i've gotten involved in the accommodation process on the front end zero except for brownie but the point being judge the eighty anyway is a stat sheet that that should be interpreted liberally and and please take this opportunity to rodan opinion saying that when employers receive doctors notes that appear to contradict what and boyd is asking for don't continues his employment relationship he would have never gotten that letter hey come see us and be terminated if he had been working anyway but if if twenty four hours a week is not consistent with essential functions where does the case go well if it's not consistent with the essential functions it does but here the manager but but the manager said the manager testified that he could do everything she asked him to do for twenty four  but they hadn't for hours a day that week he was working more than twenty four hours a week and he wanted his work schedule essentially cut back eight hours a week now judge the record here shows that they accommodated an employee with a way when you all go in box on that other case but you know this is important people with disabilities deserve interaction they deserve more than a letter in the mail this gentleman when i went to check in in rebuttal he went to the his manager and she told him it was above her head well it was it the a b a imposed upon her an under strict sions for one year in addition to being long in time those restrictions were us and if they get in their scope no lifting of heavy objects no climbing no bending no stooping and retail setting restrictions despite the severity of these restrictions dollar general interacted with them you know even their six or seven months he can do the job they gave him leave even though they're from away they require that once that leave is up what a dollar general do they didn't call him and say can you work here at the job period they asked here's the question can you do the job with or without reasonable accommodation not can you do the job not are you one hundred percent healed you're talking about the letter yes or from someone who never letter was december twenty second whether to letters your honor there is a letter he got on to them or eighth as a rule in the post leave one that says come in and claim your status because as we understand it you can't do the essential functions edgy education would know what to do let's talk about this alleged hundred percent healed policy because in the opponent's brief they make much to do about that as we set forth we disagree there's any evidence of that policy was applied to him manager in arkansas and let's look at the entirety of the jones employment first acknowledgeable did was hire the man what did he testify he told rebecca kirby prior to being hired he testified i'm a person with a disability i have  i can't hear very well under oath that's what he said to miss kirby prior to being hired knowledgeable still hired if dollar general is a company that hated people disabilities adagio was a company that's head hey you can't work here unless your hundred percent he was hired what would a commendation him when he was hired to work twenty four hours per week that was kirby he if you believe his testimony he was hired to work only twenty four hours a week and the reason he went to his doctor as he was trying to work thirty two hours and even like that should be restricted in areas that would be considered if he were such as lifting excessive standing or excessive temperatures it does give the parameters did say no you're right is that there ought to be some limitations that is what document document that reflects he was hired to work twenty four hours a week no one so how do we do we have hours work records to confirm that was the case his payroll and we had no problem with him only working twenty four hours a week when we had a problem with his doctor giving us a note for the first time so that company knew when they got the first actor know that he that this circuit says were allowed to rely upon and act upon we have a note from his doctor saying he can't do things for not for four hours a week or three hours a day or one hour a day but not just for one year he can  under auto and alexander when we are presented with a doctor's now this us something we are supposed to rely upon we can rely upon it it's not our judge to be his doctor we don't know if the man was working in violation of restrictions as dr had interactive part of this please give the survey cation to your doctor so we can get some more clarity on what your first notice saying what what can you do and what can you not do with or without accommodations again there  pink give or take a day or two so somewhere about the last stand of the exam or my client went to the manager and she told him that she needed to contact h r the manager told him that he needed to  contact a chore but she could not recall who at the age or department he could contact the store manager completely contradicts dollar general's essential he versus abolish one twenty six u s one nine hundred fifty one that says that there can be a temptation for employers to strict employee rights by creating creating excessively broad job descriptions just wanted the twenty four hours and he got a doctor's note the judge smith properly recognized it and say what the nov eighth said and so an employer acting in good faith not applying one hundred percent healed policy should have said hey you've got two notes here we're confused tell us which one is going to apply and that never happened they just went and put you know i thought there were november eleventh of the following year when that the last one to leave started on a well no they put him off work well ok i'll give you that but you know ok so you're the one that came after he  been put on leave you're saying was inconsistent with the one before that yes it was according to according to judge mathis own interpretation which are very wit and you're right judge summary judgment it's not is utilized too much in the circuit compare it with the six circuit my case over in the six circuit bobo version he feels you cannot return reconcile the two but nonetheless judges this is a young man who had s he's death he was working to try to make a living and he just wanted twenty four hours and this important gap the note they wanted and said gotcha because they're right  the pred case and the bombing case called go back and stand for the proposition that employers are entitled to rely on doctors names and that's true but in none of those cases was there an employer this is not an eighty eight case and i understand the fear of opening up dockets toward people who just use the a d n a to some sort of extortion device but this gentleman is the