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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5555
Experience:  Exclusively practice labor and employment law.
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My sister 66 years old has been working for 8 years full time

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My sister 66 years old has been working for 8 years full time at a day care center, recently she came down with breast cancer and had a breast removed. Dr. has given permission to return to work full time as of last week. Owner is refuses to give her job back. She think is too early. Owner claims that she has lost some kids and refused to tell her that she had hired somebody else full time. Owner stated that she has hard time paying her bills. Would she take few hrs? Per day and work the kitchen. My sister insisted that she been in the same position for 8 eight years and she wants to come back to her old job. What is her recourse?
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.

The Americans with Disability Act prohibits the employer from requiring more than a doctors note to return to work. From what you are saying the employer is attempting to prevent her from return to work because the employer has taken upon herself to self determine her fitness for duty. This is a blatant violation of the Act.

What she can do is file a charge with the Equal Employment Opportunity Commission (the EEOC) and the EEOC will investigate the employer to determine if discrimination occurred, attempt to resolve the matter between the parties, and if need be bring charges against the employer. They do this at no charge to the employee. If that is something she wishes to pursue she can learn how and where to file charges here.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

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