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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20079
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I was terminated by a DOD contractor because I broke my hip.

Customer Question

I was terminated by a DOD contractor because I broke my hip. The contractor only has 9 employees within a 75 mile radius. I filed a complaint with the attorney general in Phoenix and received a notification that I have a right to sue; however, after talking to a lawyer referrefed to me by the bar association, the lawyer said I would have to file under FMLA or disabilities act and he didn't think I qualified under either since I broke my hip. Is there something that exempts the 50 employee rule for DOD contractors?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Arizona
JA: Has anything been filed or reported?
Customer: I filed a complaint with DOL. They had me file a charge of discriination to the Arizona Attorney General's Office, Civil Rights Division and EEOC. I filed the complaint January 29, 2016. I received a letter from them dated 25 October 2016 indicating that I have a right to sue and would have to hire an attorney. I contacted an attorney through the Pima County Bar Association who said I could file a suit under FMLA if the employer had 50 or more employees in a 75-mile radius, or under the Disabilities Act if I was disabled, but he didn't think I qualified under either because of the broken, repaired hip and the contractor has only 9 employees. I want to know if due to their being a Department of Defense Contractor with employees working for Fort Huachuca, AZ, is there an exception to the number of employees they are required to have. They are a small business.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Am I goinog to be charged for this?
Submitted: 5 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 5 months ago.

Hello,

Thank you for the information and your question, and I am sorry to read about your situation. Your attorney should have explained to you that a DOD contractor is not treated any differently under the law than any other employer. In order to qualify for FMLA, you would have had to work for an employer that had at least 50 employees in a 75 mile radius. However, if you had requested extra time off for your injury, then under the ADA, if the employer has 15 or more employees, they would have to provide you with a reasonable accommodation under the Act if they could do so without causing an undue hardship on the business.

Your broken hip would most definitely qualify you under the ADA. The only issue is the number of employees that the Company has and whether an accommodation would have caused them an undue hardship.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 5 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 1st. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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