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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 19926
Experience:  Former judicial law clerk, lawyer
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what are your benifits and rights after being told you are

Resolved Question:

what are your benifits and rights after being told you are dismissed for not being able to perform your job?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Are you talking about a physical inability to do the job because of a disability? Or just an issue where the employer was not satisfied with performance?
Customer: replied 1 year ago.


Hi Lucy,


 


It is physical inability

Expert:  Lucy, Esq. replied 1 year ago.
The ADA requires employers to make reasonable accommodations for employees with disabilities. What is reasonable may depend on the facts of the case. One example is that it would be reasonable for an employee that works as a cashier to be given a stool if there is a condition that means he can't stand all day. If there are no reasonable accommodations that could be made (such as a driver who goes blind), then the employer may terminate the employee.

When an employee is 100% incapable of doing the job due to illness or injury, FMLA may allow for leave in certain situations. The employer would have to hold the job for up to 12 weeks.

If you have a condition that meant that you could not do part of your job and your employer refused to accommodate you, or you were terminated while on leave an approved issue under the Family Medical Leave Act, then you may have a claim against the employer. The ADA allows successful plaintiffs to recover attorney's fees, so you may want to sit down with a local attorney to discuss the facts of your case in more detail.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 19926
Experience: Former judicial law clerk, lawyer
Lucy, Esq. and 12 other Employment Law Specialists are ready to help you

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