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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118789
Experience:  20+ Years of Employment Law Experience
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I am a disabled female 60 years old with several

Customer Question

I am a disabled female 60 years old with several impairments . my husband and i set ourselves up inbusiness around 7 years ago in a resale shop. we do not make a killing,. i was put on probation for stopping payment on a check several years ago. they are now trying to revoke said probation because i have no job even tho i have a business license. and business of my own. they are saying i must work 40 hours a week or do community serice 8 hours a day neither of which i can do with my conditions . what is my defense and does the ADA act protect me at all
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year 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.

You have two defenses. Your attorney needs to file an objection to the probation revocation and a motion to modify your probation in the court and will need to present medical testimony from your doctor regarding your disabilities and what jobs you can or cannot perform. The court has an option to waive the community service requirement if they cannot find something within your limitations for you to perform. Your attorney would also present evidence of your legally licensed business and the income statements from the business to show you are actually doing work, even though you are self employed.