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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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I suffered a herniated disc in my lower back rendering me

Customer Question

I suffered a herniated disc in my lower back rendering me unable to work full time. THis was an ergonomically induced on-the-job injury. Standing and sitting were very painful and I spent most of my time on my back. My employer was aware of this.
It took some time (2 months) for the doctors to recommend surgery after attemps with physical therapy and steroid injections did not render satisfactory results. I was removed from work duty more than once.
I was terminated 3 weeks prior to scheduled surgery. Insurance was also terminated after I had made arangements to pay additional amounts for the premium ($206.02)
I received no written termination letter.
I sent an email to the employer stating that it was my understanding that I was terminated by them. There was no response.
I am over 50 years old. I was recruited by the employer in April of 2015 and terminated the end of October 2015.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 11 months ago.


Thank you for the information, can you please tell me what your legal question is? Also, how long were you off from work and just to clarify were you only employed for 6 months total? Assuming you had run out of sick time or vacation, did you ask the employer for an accommodation under the ADA in the form of more time off to recuperate? Finally, what evidence is there that your age was the only reason for your termination?

Customer: replied 11 months ago.
My legal question is about filing a private suit for discrimination due to temporary disability. I was off work for a week in August and 3 weeks in October by doctor's orders. The injury was sustained July 22. I was in contact with the employer to update my condition (which I kept hoping would improve sooner than it did). I did not ask for accommodations under ADA because I was unaware of it, but did ask for some consideration. I could only work approximately 1/2 time due to the medications and pain level. I attempted communicating with my supervisor, but that was somewhat futile. He indicated he would call me for about 2 weeks, but it never happened. I spent most of the time at home and my wife drove me to most of my medical appointments.
Customer: replied 11 months ago.
There were denigrating remarks about my age by one management individual. His attitude may have contributed to the termination, but I have no proof of that.
Expert:  Marsha411JD replied 11 months ago.

Thank you for the reply, however, I still need a specific question. What question do you have about filing suit?