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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116837
Experience:  20+ Years of Employment Law Experience
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I have heart problem and a ICD (inplanted cardiac device.).

Customer Question

I have heart problem and a ICD (inplanted cardiac device.). I had to take a couple weeks off for it. I'm a supervisor working outside in the cold and heat. My doctor has not told me to stop working. When I return they want me to take a lower paying postion or quit. I live Columbus, Ohio. I guess my question is can they fire me or do I have take that lower pay postion and lower pay? What are my rights.
Thank you.
Pedro Rivera
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have been released to return to work at full duty, it is considered a violation of the Americans with Disabilities Act and also the Family and Medical Leave Act for them to demote you for being out for a qualified medical condition or for treating you as though you have a disability. If your doctor is allowing you to return to work without restrictions, then the demotion would be a violation of law under one or both of those laws. So your recourse is to file a complaint with BOTH the EEOC (for ADA discrimination) and the US Department of Labor for violation of your rights under FMLA.
Under FMLA, which applies when an employee is out for a condition known to an employer to qualify for a medical condition under FMLA, the employer has to protect your position for up to 12 weeks and return you to the same or similar position.
Under the ADA the employer cannot discriminate against you for your disability or treat you as disabled unless you are asking for a reasonable accommodation, which they would have to provide to you upon written documentation of the condition from your doctor.

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