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Recent American Disability Act questions

I was employed at a medical specialty office and became

Hello. I was employed at a medical specialty office and became disabled due to a severe car accident on May 20th, 2016. While in the hospital in surgery and unable to contact my employer, my father called on my behalf and was told I could return to work when I was stable, off medications for pain, and on crutches by one of the two physicians. We were also informed the practice does not have any policy regarding disability leave. On August 11th, 2016 I was told my the other physician in the office that I could not return to work until I could walk without crutches. After an evaluation from my orthopedic surgeon, I was given the permission to begin walking without my crutches. I have made substantial progress and will fully capable to return to work very soon and meet all the needs of the office. This evening, August 18th, 2016, I spoke with the physician again and informed her of my current state in regards ***** ***** fully. I then asked her if she could confirm if I would be able to return to work as a full-time employee (as I was hired) when I could walk without crutches with no issues. She said and I quote "we will reevaluate our needs for the office if and when you are fully recovered." I then asked her if this meant my position could not be guaranteed and she immediately became defensive and would not outright say I was terminated or that my job was secure. I then expressed my desire to remain loyal and continue working for her, but that I need complete assurance I would have my position back as I had been told at the time of the accident. She continued being defensive and accused me of "trying to pin her down" while I was speaking professionally and asking very straight forward questions. She then hung up on me stating she "couldn't talk to me all night" and to "get well soon." My question is, do I have a case regarding the American Disability Act?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,064 satisfied customers
A 27 year old male working in Vermont at one employer +

A 27 year old male working in Vermont at one employer for 10+ months (FMLA). Request Personal Time Off to address a medical issue. Diagnosed with Hoddgings Limphoma Cancer in early January 2016. Upon return to work at the end of the Personal Time Off is informed by his employer that they can not accommodate the Dana Farber Doctors request to allow for him to continue to work, but to request accommodation for his cemo treatment every other week and allow him from home the day after the cemo treatment and that his employment will be terminated. Can you provide where in the American Disabilities Act, I should be looking to beter understand if this employer action is legal? Thanks, ***** *****

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,064 satisfied customers
My sister is a dwarf.According the American Disability Act

My sister is a dwarf.According the American Disability Act dwarfism is recognized as a disability. She has been using the para transport in Dallas for few years but every year she had to present a doctors certificate although her condition remained unchanged and will never ever change. About 6 months age she was refused the paratransport despite the doctors letter. She filed an appeal and took a letter from her disability job counsellor that she needs this transport to find work and continue her job. She has been facing so many problems , she cannot go to her doctor or her job since she lives alone and has noone to look after her or drive her around . She has no car or anyone who can drive her to places. Since she has very short limbs she cannot take a public transport. She has arthritis and is a patient of depression. Is there any way the verdict of the appeal can be reversed or we can sue the Dallas paratransport for discrimination. I need urgent answers as my sister is helpless and very depressed. My sister is single and is almost 40 years old. Thank you so much for your help

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,012 satisfied customers
My employer changed t Health Insurance provider to Paradigm

My employer changed t Health Insurance provider to Paradigm Health Plan. The insurance imposed a mandatory blood work. The blood will be drawn by the insurance medical staff at the work place to detect "46 critical health factors". It is described as a Wellness Program with no indication of any incentives such as reduced cost gym etc., only free pens or towels for participation. The insurance plan does not want to accept any recent blood work results insisting that the it has to come only from "their" lab. There is nothing in writing given out that would describe the consequences of not participating in the blood test but the HR manager and the Executive Director at my work said that "you will be dropped from the health insurance plan". In spite of me having no health problems and good recent blood work results, my concern is that allowing any health insurance company unrestricted access to results of blood work, not even knowing what tests will be done, gives the insurance unlimited power to use that information in any way is convenient for the provider or the employer with me having no control over the extend how the information may or will be used, which violates HIPPA and American Disability Act. Is the mandatory blood test in compliance with existing law?

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John

Attorney

Doctoral Degree

7,552 satisfied customers
My former employer is offering me a lump sum payment o

My former employer is offering me a lump sum payment o reimburse me for the approximate cost of three months of COBRA coverage. In exchange they want me to sign an 'agreement, waiver and general release which in part states I agree to 'waive and releaseany and all claims, actions which I have or may have against them arising from or related to my employment with and/or separation from them, whether or not I now know of those claims, actions, and causes of action. The release includes, but is not limitedto any claims I may have for wages, commissions, penalties, vacation pay or other breach of contract; fraud or misrepresentation; Title VII of the Civil Rights Act of 1964, the American Disabilities Act and other federal, state, or local civil rights lawsor common laws; defamation; infliction of emotional distress; breach of contract, breach of the covenant of good faith and fair dealing; negligence; wrongful termination of employment; and any attorney's fees or other costs or expenses.' If I sign this, doI absolve them from paying me the overtime I was not paid? *please refer to my previous question.

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John

Attorney

Doctoral Degree

7,552 satisfied customers
My son, 28, has a hard time keeping jobs due to issues concerning

My son, 28, has a hard time keeping jobs due to issues concerning executive functioning. He is at Home Depot for the past two months and feels the pressure of being fired at the 90 day probation period if not sooner. Can he or should he tell his supervisor of his issues in order to make him aware and possibly make accomodations for his memory and cognitive issues? My son is well spoken and articulate articulate and it is hard to see that there is a learning issue until he fails at their expectations. He is lucky to land the jobs, however, but as he has found out the work force is non forgiving for any of his issues. is it worth trying to see if the employer could accommodate or lower expectations? Should we just chalk it up as another loss and enter another job disclosing his learning issues up front or get labeled to have accomodations???? Lost how to help him......

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Marsha411JD

Doctoral Degree

18,946 satisfied customers
I am a 56 year old male and was disabled in a bike accident

I am a 56 year old male and was disabled in a bike accident when hit by a car 2 weeks ago. Doctors say 6-8 week recovery. I am seeing a personal injury attorney about insurance recovery.My other issue is my employer is hinting that they may reduce my salary or terminate me because the company is tight on operating cash. I am a minority shareholder in this family business. ISN'T REDUCTION OF SALARY DUE TO MY DISABILITY A VIOLATION OF THE AMERICAN DISABILITIES ACT? I know I would have to prove it in court, but that would not be hard given the timing of the hints. Should I take this to an employment attorney?Thank youGSG

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ScottyMacEsq

Doctoral Degree

22,674 satisfied customers
If I'm the plaintiff in an ADA (American Disabilities Act)

If I'm the plaintiff in an ADA (American Disabilities Act) suit, how do I know when it's appropriate to seek the cap of $300,000 in damages?

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794 satisfied customers
I just got off the phone with ADA Americans Disability Act

I just got off the phone with ADA Americans Disability Act specialist and they said. Because of Act-504 since I'm a Federal employee they can not help me. Is this true? You told me to go to the ADA. What next?

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LawTalk

Attorney at Law

Juris Doctor

32,996 satisfied customers
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