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Recent ADA questions

This question is to an attorney. Who is familiar with

This question is to an attorney. Who is familiar with Employment law and Disability rights.I may disclose the fact that I have a disability to a potential employer. I see the counselor at the Independent Service Provider on the 18th (for intake). An employer will get paid for training me if I disclose that I am disabled. I cannot see from reading on the internet. That an employer under Title 1 of the ADA. Has the right to the Medical record as proof of disability. I read that an agency can request the Medical record. And the Independent Service Provider got the record (the agency who will help me with Job Placement). I read proof of disability can be in the form of a letter to an employer. From a doctor or licensed Mental Health professional. And that letter is treated as a Medical record. The employer may even request to speak to the doctor or qualified licensed mental Health professional. I see an L.C.S.W. who feels qualified to write a letter for me regarding my Bipolar Disorder Diagnosis. But, he would not feel qualified writing a letter regarding my A.D.D. diagnosis. Do both diagnosis have to be disclosed to an employer. If I am only requesting accommondation for my Bi-Polar diagnosis? I want training in Desktop support. Not operating a piece of Heavy machinery. It may be inviting for an employer to train me if they get paid. But, if the Medical record is so Red flagged they may not want me in the workplace.

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LawTalk

Attorney at Law

Juris Doctor

35,144 satisfied customers
Can an employer terminate an employee that applied for

Can an employer terminate an employee that applied for disability under the employers group plan?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MichiganJA: Is the employment agreement "at will," union, full time or part time?Customer: At will, full time and received a letter, after a conference with his employer, that he was terminated. I was supposed to sign it but they wrote "employee not available"JA: Anything else you want the lawyer to know before I connect you?Customer: Yes, are they obligated, under federal law, to give me a job when I come off disability? Not necessarily the same job, but a job.

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John

Attorney

Doctoral Degree

8,006 satisfied customers
I am somewhat forgetfull at times because of the condition i

I am somewhat forgetfull at times because of the condition i have and medication I take. The employer is accusing me of missing some times informing the supervisor about the time i was away from my computer from july 2016 to Nov 2016. The complaint says failure to meet log in time for those months, no specific dates. I asked HR for clarification and he became irate and altered the document by sayin its those months. I have filed eeoc and discrimination in which i was al ready suspended for this in 2013. Does the employer have to reasonably accomodate me if i ask the supervors to notify me as soon as possible when i dont meet my log in time so that i mau inform them whether or not its fmla related. The complaint is about "behavior" they are accusing me of intentionally not meeting my time with no specific dates of their complant. I have fmla for G.I. bathroom issues and Ptsd. I am a disabled veteran.

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Patrick, Esq.

Doctoral Degree

18,934 satisfied customers
I have a thorny case. Employer wants to demote me two levels

I have a thorny case. Employer wants to demote me two levels ($10K salary drop). Exemplary performance 7 years. Up and down reviews last three years (new management). Got PIP in April 2015 (rating of "0" on a scale of 0-2); got off PIP in October and got a raise. Received second PIP (3 month) in August 2016; got another "0." Demotion goes into effect 1/15/17. Some truth to their claims (I was late to work and missed some deadlines), but claims were exaggerated, good performance not taken into account at all, some facts left out, others twisted. I was diagnosed with Obsessive-CompulsiveJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: This is Maryland, and I work for a state agency (Maryland-National Capital Park and Planning Commission. I was diagnosed with Obsessive-Compulsive Disorder and Generalized Anxiety Disorder in April 2015. I hoped to work harder and NOT make a request for ADA accommodations, but finally did so on September 13, 2016. It was a big mistake to have waited, but there it is. However, the last PIP covered August 30 through November 30, and the request for accommodations was delivered September 13. So for the majority of the PIP, employers knew of disability and as of today has not even scheduled a face-to-face meeting with me, despite inquiries via email from me as to when this would take place.JA: Is the employment agreement "at will," union, full time or part time?Customer: At-will, full-time, career, exempt according to them (although I only supervised one person, and the DoL says you have to manage 2 people to be considered exempt, or so I read).JA: Anything else you want the lawyer to know before I connect you?Customer: Yes. I am appealing the demotion with the "Merit Board" of my agency, and don't know which way to go. I think I will lose on the merits of my performance alone--it's too much "he said, she said." But the fact that they are trying to force me to take a new position that they have cobbled together, with no clear job description yet, for $10K less and working for the same insane woman, and have not yet addressed the ADA request with me at all, makes me think that would be the best route to go in the appeal letter. They're saying that we'll deal with the ADA request after I sign off on the demotion; I'm saying they need to deal with the ADA request now and address specifics in whatever job I end up doing for them. They most likely would have fired me if I had not filed the ADA request.

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Infolawyer

Attorney

Juris Doctor.

39,128 satisfied customers
I work for a private corporation, assigned to a government

I work for a private corporation, assigned to a government facility. I have a chain of command which consist of a Program Manager, to whom my company is the sub-contractor with, and a a site lead, whom happens to be a rep from my company. Any internal issues regarding my job performance gets reported to the site lead, whom interacts with the PM. I outline that to say this, last week I received a call from my company's HR stating that a government POC called to say he/she (I wasnt told who it was) is sensitive to my perfume or something to that nature. It was a very uncomfortable conversation to have with my HR, considering my perfume, in my opinion, is very mild because I am asthmatic and certain scents triggers my asthma, so i only wear Dolce Gabbana lady type body oil, which again, is a very pleasant, mild fragrance. I was taken aback because no one said anything to me, nor has anyone every approached me. I had compliments regarding my fragrance, but never a complaint, so now, I am being told not to wear it or to tone it down. I do not know who made the complaint, so how will I know what is acceptable? Also, knowing that I have a chain of command to resolve internal issues, my chain of command was unaware of what had occurred. I had to bring it to their attention that a phone call from a government personnel was made to my company, which is against protocol. I believe had this individual approached me and talked to me, the issue could have been remedied, because I would be sensitive to this individuals concerns, but now someone has gone behind my back and reported me for something I was unaware of, I feel violated because I did not know I was doing something wrong, so now I am paranoid at work. What rights do I have? .

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Marsha411JD

Doctoral Degree

19,386 satisfied customers
I'm returning to work after term disability. My employer

I'm returning to work after long term disability. My employer suggested I step down from my position. Can they do that?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: TXJA: Is the employment agreement "at will," union, full time or part time?Customer: Full timeJA: Anything else you want the lawyer to know before I connect you?Customer: They said it was for my health that I ease into the job by taking the demotion

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,778 satisfied customers
It's more related to my sons school, Louisiana, School

It's more related to my sons schoolJA: Because education law varies from place to place, can you tell me what state this is in?Customer: LouisianaJA: Is the employment agreement "at will," union, full time or part time?Customer: School principalJA: Anything else you want the lawyer to know before I connect you?Customer: My son has an obvious disability. Physical. He was bringing him into his office several times today asking him about his medical disability without my knowledge or consent :/ told him he needs a wheelchair and "how cool they are" He is 9

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,778 satisfied customers
I have a question regarding the ADA. My previous employer

Hi Pearl; I have a question regarding the ADA. My previous employer abused me by repeatedly claiming I had done things I simply hadn't done. The situation was so stressful that I suffered an emotional breakdown and was hospitalized with major depression and generalized anxiety disorder. That employer and I parted with a severance agreement.During this past During the past year, a colleague at my current job began frequently misrepresenting the work I was doing to my team.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: In October I expressed concern to my employer (in writing to my boss, CCing HR) that my colleague's behavior might trigger a relapse of the condition for which I had previously been hospitalized. I didn't name my diagnosis specifically and at the time I had completely recovered from depression and mostly recovered from the anxiety. Illinois.JA: Is the employment agreement "at will," union, full time or part time?Customer: "at will"JA: Anything else you want the lawyer to know before I connect you?Customer: Yes Is this true?

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Infolawyer

Attorney

Juris Doctor.

39,128 satisfied customers
I am a school teacher in the state of Texas who is on

I am a school teacher in the state of Texas who is on temporary disability leave due to anxiety and depression. I was on leave since Oct 24 and it was extended with health care provider's notice until Dec. 16 and again it was extended for 4 more months necause of my severe condition. I requested that I be transfer to another jobsite to accommodate for my disability when I return to work but HR refused to. I told HR carboncopied my principal in the email indirectly that they discriminated on my ADA rights being an employee with a disability because they didnt accommodate for me by allowing me to transfer. I emailed my principal twice about it. HR and my principal both didnt reply to my email. Then suddenly, i saw my job position posted on the website of the school district as a job opening. I emailed him back and told him I have not officially submitted a resignation letter. I am not FMLA eligible because I have not been with the district for 12 mos. however I am on temporary disability leave. What does it mean when he posted my job position? I know I can be replaced because Im not FMLA eligible and I had been out for long and students need a consistent teacher. But him posting my position does it mean that he had terminated me? He had not given me an official letter of termination. An employee on temporary disability leave cannot be terminated from her contract thats what federal and state law stated. Since I am on disability leave I know I am protected by American with Disabilities Act. Is it a termination when your job is posted on line? Did he terminate me by doing such? I have not officially resigned. He had not given me any termination letter. Im not FMLA eligible but Im on temporary disability leave. I asked him why he posted my ppsition online when I have not resign. Again, he didnt reply. So when I return to work what will be my job status? Does that mean that they will transfer or reassign me to another worksite? I wasnt able to sleep my anxiety and i really feel agitated

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Lucy, Esq.

Juris Doctor

31,946 satisfied customers
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