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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12479
Experience:  Significant experience in all areas of employment law.
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I am on fmla which ended june 30.i am being released today

Customer Question

I am on fmla which ended june 30.i am being released today my employer claims im out of securing my job mind u its 12 days out of the protection. They want to give me lessor job.what are my rights?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and welcome. If your medical condition qualifies as a "disability," meaning it is a medical condition which "significantly impairs a major life function," then you can argue that your employer must "reasonable accommodate" you under the Americans With Disabilities Act. Courts have held that an extension of FMLA leave can qualify as a reasonable accommodation. Ultimately, however, it depends on whether the accommodation imposes undue hardship on the employer. Still, this is the argument that you would need to make. If your employer still terminates you, you can file a complaint with the EEOC for disability discrimination in violation of the ADA. 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. If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.