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Recent ADA questions

Is an employee with an Autistic child covered as having a

Is an employee with an Autistic child covered as having a disability under ADA and can request accommodation?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: MAJA: Is the employment agreement "at will," union, full time or part time?Customer: At will full time.JA: Anything else you want the lawyer to know before I connect you?Customer: No thank you.

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Patrick, Esq.

Doctoral Degree

20,374 satisfied customers
I asked a question yesterday about a breach of Hipaa at

Hi, I asked a question yesterday about a breach of Hipaa at work. The payroll clerk at my business has been telling people that my fmla leave is not legitimate (I had a lumpectomy) anyways I was told I could final a hipaa violation complaint. However, on the website it says only medical facilities, and pharmacies are covered entities. Is this an exception since my employer needed fmla paperwork filed out by my doctor in order to approve my leave?

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Patrick, Esq.

Doctoral Degree

20,374 satisfied customers
Does being an "at will" employment state have any bearing on

Does being an "at will" employment state have any bearing on ADA issues?I've recently given my manager a letter from my Therapist detailing diagnosis of Attention Deficit and Adjustment Disorder/Depression.I think one or both of these constitute ADA protected scenarios.I don't really know for sure how this might change how I can be treated by my company/manager.I am in the final 2 weeks of a corrective action period which was brought due to factors possibly related to the mentioned diagnosis.Hoping that things go smoothly although I feel like they are making it hard for me to pass through this period.

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Loren

Juris Doctor

44,772 satisfied customers
If an employee is put out on disability, is the employer

Hi! If an employee is put out on disability, is the employer allowed to ask questions about the employees disability?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Is the employment agreement "at will," union, full time or part time?Customer: Can you explain "at will"? I am a full time sales representative for a medical device company.JA: Anything else you want the lawyer to know before I connect you?Customer: The disability was extended and the employee set up a "meeting" to evaluate my disability and asked me questions regarding my disability specific to what is it.

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RobertJDFL

Attorney

Juris Doctorate

14,982 satisfied customers
I have filed a workers comp claim twice in 2 years and

I have filed a workers comp claim twice in 2 years and denied both times. I am an ER Secretary at a hospital and my desk is not ergonomically correct. My computer screen is bolted to the left instead of directly in front of me and resulting in a stiff neck, shoulder pain, pinched nerve radiating down my rt arm/hand. I have been to my Dr. for a shot in my neck, massage therapy and my work will not fix/move the screen. Ergonomics has been out and says there are several things that need to be fixed, and nothing. After 2 yrs of doing 12 hr shifts where you are stuck at the desk and cannot get up often enough, the other 12 hr shift daytime person is having same issues. Was denied today saying there is nothing wrong with the desk and we should just get up more. You cannot leave the desk in a busy ER with phones ringing/call bells ringing/high volume of work. I just reported it to OSHA now and don't know what else to do. Thank you!JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: North Carolina and hospital is self insured.JA: Is the employment agreement "at will," union, full time or part time?Customer: I am full timeJA: Anything else you want the lawyer to know before I connect you?Customer: No

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Dwayne B.

Juris Doctor

38,008 satisfied customers
My Son is a police officer in small town where we live. He

My Son is a police officer in small town where we live. He has risen to the rank of Chief of a department with about six or seven officers and three dispatchers. While working for another department ten years ago he was in a vehicle accident on his personal vehicle. He had a skull fracture and there were no problems with his ability to do the job. He does have a couple of "ticks" now. He shrugs his shoulders a lot and sniffs as if he has a cold. He was cleared by a doctor to go to work and he has done well. Our new mayor thinks he is a liability and wants to get rid of him. What would be my Son's recourse in this situation?

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John

Attorney

Doctoral Degree

9,466 satisfied customers
I was fired. I had been working just under 30-days. I asked

Hello I was fired. I had been working just under 30-days. I asked my boss for reasonable accommodation. I told him I had a disability. He screamed at me, and told me I was being litigious. He said I lost his trust because I told his boss that I needed accommodation before him. He said I couldn't do that. Then when they fired me, they did not pay me immediately and I thought they had to do that in my state. I have nothing. I bought a car specifically to commute to this job which was over an hour away. I am a single parent, no family ... nothing. What can I do? I don't even think I can get unemployment because I was there so short a time.

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John

Attorney

Doctoral Degree

9,466 satisfied customers
I was let go at my work on Friday after my employer found

I was let go at my work on Friday after my employer found out at the beginning of the week I have Epilepsy. They are saying I quit but I did not. There is more to the story if I need to tell you.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Has anything been filed or reported?Customer: Not yet this just happened Friday. I do not want to work with them again but I believe they were unprofessional and wrong how the situation was handled.JA: Anything else you want the lawyer to know before I connect you?Customer: I was never asked for physical or medical history.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

117,992 satisfied customers
I resigned before filing with EEO.......can I still start a

I resigned before filing with EEO.......can I still start a case against my employer?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Its a government job, it was located in a Kittery, MEJA: Is the employment agreement "at will," union, full time or part time?Customer: I was in a unionJA: Anything else you want the lawyer to know before I connect you?Customer: However, I was in a probationary period of employment

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Loren

Juris Doctor

44,772 satisfied customers
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