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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11250
Experience:  Significant experience in all areas of employment law.
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I was out on F.M.L.A. & I was released from my job in N. .

Customer Question

I was out on F.M.L.A. & I was released from my job in N. Ky. because my Dr. told me he couldn't release me to work on FULL duty because I just had Major Back Surgery. My Boss says if I cannot return on full duty I am not aloud to come back to work.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
Although your FMLA leave may have expired, the Americans With Disabilities Act requires employers to engage in a good faith interactive process with disabled employees to determine whether they can be "reasonably accommodated" prior to terminating them for inability to do their job. It is likely that an employer in this circumstance could have reasonably accommodated you, either by allowing you to take some additional time off work, work part time, or modify your job duties. Therefore, you may have a claim for violation of your rights under the ADA.
Your recourse under these circumstances, as you have correctly surmised, is to file a complaint with the EEOC. The EEOC will investigate and attempt to mediate a resolution with your employer. If that is not possible, they will either file a lawsuit on your behalf (rather unlikely) or issue you a "right to sue" letter which authorizes you to pursue a lawsuit on your own (much more likely).
What you need at this stage is an attorney. You do not want to even commence the EEOC process without one as statements you make in this process will bind you to positions that may undermine your claim or otherwise harm your prospects of a successful lawsuit. Hiring an attorney also shows your employer that you are serious about this and will cause them to respect your claim more.
The good news is that lawyers generally handle this sort of case on a pure contingency fee basis. If you don't know, a contingency fee arrangement is one in which the attorney receives a portion of the client's settlement or award as his payment, typically 1/3 of the total amount.  If there is no recovery, the attorney does not get paid.  The client never pays until the settlement or award is obtained (except perhaps to cover the filing costs for his claim). See here to locate an attorney in your area who can help: http://lawyers.findlaw.com/lawyer/practicestate/employment-law-employee/kentucky
I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.
Customer: replied 1 year ago.
I worked for the State of Ky. Court Clerks Office. Unfortunately I knew everything that you told me and however I left out the part where I worked if that makes a difference because what I'm experiencing it does. There are not to many Attorney's that I know or spoke to doesn't know how the State works. I've been working at the courthouse since Feb. 16th, 1994. I need help with my Retirement/Disability, Unemployment. I thought I was on the location where I was going to get a list of Attorney's in my area that does these kinds of suits. I had more questions I was going to ask but I was given a answer first. Sorry!
Carolyn
Customer: replied 1 year ago.
just wondering do you get my last transaction. I sent?
Carolyn
Expert:  Patrick, Esq. replied 1 year ago.
Yes, I did. It seems like you need help that exceeds what I am able to provide here, so I am opting out of your question in favor of other attorneys who may be able to assist you. Please do not respond to this message as doing so will take your question off the active question queue and send it back to me. I wish you the very best in resolving this matter.

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