Employment Law Questions? Ask an Employment Lawyer.
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Are you out on FMLA leave right now?
I understand. At this point though, they have decided that they are not letting you go correct?
I think that what they are doing at this point is already a violation of the ADA and possiblyy the FMLA as well.
Definitely the ADA though.
These things are kind of like chess matches. What I'd suggest you do is find an attorney in your area that does employment law and start planning out what to do, get your strategy in order.
At some point you are going to have to file a charge of discrimination with the EEOC but you don;t want to do that yet.
The strategy usually involves the employee sending letters to the employer which are drafted by teh attorney but sent by the employee.
This doesn't tip them off that you have an attorney.
Yes, get a local attorney.
The initial "firing" and the statement that the surgery didn't qualify under the ADA already demonstrates issues.
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