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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19307
Experience:  Employment/Labor Law Litigation
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Well I have a complex situation. In short I developed a sleep

Customer Question

Well I have a complex situation. In short I developed a sleep problem over the last many years. I am being treated by psychologist. Now employer is saying that termination is in my future and they will not adjust my schedule. Any resolution? I am 14 months from retirement I cant believe they wont accommodate me.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. The ADA requires an employer to grant reasonable accommodations to requests. That has to be part of a collaborative process, in order to find a means (if possible) of accommodating a disability. The employer can always argue that there are no reasonable accommodations or that the request accommodations are an unduly burdensome, but that then creates a cause of action for you with the EEOC in your state. Now, your question doesn't really make it very clear, but I wanted to distinguish two different circumstances. If your job is being threatened based on issues stemming from the disability, and the lack of accommodation, then your claim remains solid. You should file a complaint with the EEOC immediately, as that is the best way to bring yourself under the protections against retaliation. However, you didn't really indicate what the basis was for the employer saying that your job is in jeopardy. If your employer is simply experiencing financial issues and your job is on the line based on economic matters, then the disability issue is not actually legally relevant. The basis for your termination would be a "legitimate, non-discriminatory" reason and would insulate against any suggestion that the basis for the termination is disability discrimination. If this isn't really their argument, then disregard and start your EEOC complaint soon. You don't need an attorney to file that claim. You have to file through the EEOC to preserve your rights to sue, should it become necessary. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Expert:  Allen M., Esq. replied 1 year ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.