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Recent ADA questions

I have a question--I have 3 auto-immune diseases and I still

Hi. I have a question--I have 3 auto-immune diseases and I still work full time. I have been working for the same person for going on 19 years on November 7. This person seems to believe that it is okay for themselves and other people in the office to come in sick at all times. He does not believe that this hurts me. This is really affected me even more this year due to starting on chemotherapy for my MS last year and had a very bad reaction to this. I have not had a raise in over 5 years, have not had any additional sick time nor any additional vacation time. This comes up every month him letting me know that I do not have any time left. It is very stressful. I am wondering if there is anything I can do about this.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ColoradoJA: Has anything been filed or reported?Customer: No, because I honestly do not know how to even proceed.JA: Anything else you want the lawyer to know before I connect you?Customer: I do not believe so.

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Asad Rahman

Attorney

J.D.

3,122 satisfied customers
An individual has Bipolar disorder (type 1) and is requested

An individual has Bipolar disorder (type 1) and is requested a reasonable accommodation of work from home. The individual recently returned from STD and the company could only accommodate for a short duration. The company has said it is an essential function to be in the office. It is in the best interest of the employee to find a telework position within the company to maintain stability. Is it reasonable ask the company to notify the employee of potential telework opportunities open now or in the future? The company also seems to repeatedly request sign off from doctors on all requests. Is that legal, it seems excessive?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,080 satisfied customers
Law Educator, We discussed job accommodations with you last

Hi, Law Educator,We discussed job accommodations with you last week.I was wondering, what you think about this case and the opinion of the authors at the end.And what U.S. equivalent law would there be to the Canadian "Human Rights Legislation" (based on ALL reference to it) -- ADA is for sure. Anything else in door of hnjb

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,100 satisfied customers
After submitting a request for "reasonable accommodation" on

After submitting a request for "reasonable accommodation" on September 8th, I was terminated today. The want me to sign an agreement for severance. They concocted a number of issues for their reasons for termination. Yesterday I requested to leave early today for a doctor appointment. Should I take a 90 day severance and give up my rights to sue?

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Lucy, Esq.

Juris Doctor

30,322 satisfied customers
I was issued a job restricton from my doctor that I can no

I was issued a job restricton from my doctor that I can no longer work over night due to the medicine I am on. I need 6 hours of uninterrupted sleep a night for the medicine to work. My job duties require me to be on call for work over night one night a week and every 4th weekend. Can my employer fire me for not being able to take the phone?

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Marsha411JD

Doctoral Degree

18,950 satisfied customers
I took a drug screen test and listed my prescriptions. The

I took a drug screen test and listed my prescriptions. The MRO contacted me on Tuesday of this week. He asked me if there was something that would cause my drug test positive. Then he asked me my pharmacy and gave him the information. He then said that he will check for the prescription and evaluate abuse. I asked him what does that mean and he said if I was taking 90 bills a month instead of 60 would be considered drug abuse. He said once he valifys with the pharmacy then he will say the test was negative. Anyway, on Thursday there was no validation with my recruiter. The recruiter suggested to call the MRO and ask why there has not a final result. I contacted him on Thursday and gave my name and # and he didn't call back. I called Friday again and to speak with him. I was then called back by someone else and they said after he reviewed with my pharmacy, I have until next Tuesday at 5 to get my doctor to send him via fax I can do my job safety, etc. I take Valuim bid and do have a prescription for phentermiine that got filled days before my test but missed several doses. I called my doctor and he will send a report by Tuesday morning. I wrote down all my medications and I am embarrassed because the recruiters are aware it is with the MRO and it has taking days for his response and I felt like I did everything I am suppose to. They said if the doctor doesn't get back with them at 5 pm Tuesday after all this the test would be reported positive. I don't get my medication filled until the allowed time.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Once he varified the prescription of Valium and no abuse from pharmacy, he would report negative. Sorry, the Valium and phentermiine listed on my initial drug screen medications and I go to CVS. You can't get your medications filled early. The phentermiine is used for my ADHD.JA: Is the employment agreement "at will," union, full time or part time?Customer: What do you mean? I am an RN trying to get a job at Methodist.JA: Anything else you want the lawyer to know before I connect you?Customer: Why should I be connected to a lawyer?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,100 satisfied customers
The HR department at my job is trying to make me go out on

The HR department at my job is trying to make me go out on short term disability so they can fire me. I have had two knee surgeries within the last year> and require another that can be put off. This started in November last year. I am on restrictions and have been back at work for a month and a half with no problem. Now HR is saying I can't work due to job requirements. The area to which I am assigned does not violate my doctor's restrictions. I would like to discuss this in more detail with you so I know if there is any way I can keep my job. Please help.

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Patrick, Esq.

Doctoral Degree

17,812 satisfied customers
I was out on workers compensation with my current job due to

I was out on workers compensation with my current job due to an injury. I decided at that time to get another certification to get a different job. I received that certification and started applying to new jobs. One of the prospective jobs that I applied to told me that they would not interview due to my work restriction I had from a doctor. I spoke to my doctor and was released from restriction to go back to work. I went through the interview process and just found out that this prospective employer isn't going to hire me. They said the reason was due to my past injury. Do I have a case?

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ScottyMacEsq

Doctoral Degree

22,688 satisfied customers
I have some health issues (IBS and possibly Fibromyalgia,

I have some health issues (IBS and possibly Fibromyalgia, and overweight) that are causing my employer (school district) to question my ability to meet my contract obligations towards work. I am a speech pathologist. The school district does not hire substitutes for speech pathologists (as they do for regular teachers) if I am out sick or late for work (usually because of IBS). I am afraid they are going to either ask me to resign/quit or fire me. My immediate question relates to qualifying for unemployment compensation in S.C. Would it be better for me to resign or let them fire me?

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P. Simmons

Attorney

Doctoral Degree

35,674 satisfied customers
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