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Although your FMLA
leave may have expired, the Americans With Disabilities Act requires employers to engage in a good faith interactive process with disabled employees to determine whether they can be "reasonably accommodated" prior to terminating them for inability to do their job. It is likely that an employer in this circumstance could have reasonably accommodated you, either by allowing you to take some additional time off work, work part time, or modify your job duties. Therefore, you may have a claim for violation of your rights under the ADA
Your recourse under these circumstances, as you have correctly surmised, is to file a complaint with the EEOC
. The EEOC will investigate and attempt to mediate a resolution with your employer. If that is not possible, they will either file a lawsuit on your behalf (rather unlikely) or issue you a "right to sue" letter which authorizes you to pursue a lawsuit on your own (much more likely).
What you need at this stage is an attorney. You do not want to even commence the EEOC process without one as statements you make in this process will bind you to positions that may undermine your claim or otherwise harm your prospects of a successful lawsuit. Hiring an attorney also shows your employer that you are serious about this and will cause them to respect your claim more.
The good news is that lawyers generally handle this sort of case on a pure contingency fee basis. If you don't know, a contingency fee arrangement is one in which the attorney receives a portion of the client's settlement or award as his payment, typically 1/3 of the total amount. If there is no recovery, the attorney does not get paid. The client never pays until the settlement or award is obtained (except perhaps to cover the filing costs for his claim). See here to locate an attorney in your area who can help: http://lawyers.findlaw.com/lawyer/practicestate/employment-law-employee/kentucky
I hope that you find this information helpful. Please do not hesitate
to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
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