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I am a waitress, i’ve been off work for 3 mos due to back…

Customer Question
I am a waitress...

I am a waitress, i’ve been off work for 3 mos due to back injury, my employer is trying to take my schedule away, can they do this

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Ohio i have been their 16 years and people have been off like me but they come back to their schdule they want to take two of my days away from me

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I usually work 32 hours and no union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They have never done this to anyone in my 16 years but they want to do this to me

Submitted: 7 months ago.Category: Employment Law
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9/26/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,035
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

If your employer has 50 or more employees working in a 75 mile radius from where you work, they are required to offer up to 12 weeks of protected job leave under the Family Medical Leave Act. Beyond this, they are simply required under the Americans With Disabilities Act to "reasonably accommodate" your need for additional time off, which means allowing you to stay off work and remain employed only for so long as doing so does not cause the business to suffer undue hardship.

What you would typically need to do under these circumstances is advise your employer that you condition qualifies as a disability under the Americans With Disabilities Act and as such that you are entitled to "reasonable accommodations" in the form of additional time off. You will want to provide an approximate return date if at all possible and explain why holding your position until that return date would be reasonable and not cause your employer to suffer undue hardship. If they still let you go, then your recourse is to file a complaint for disability discrimination with the EEOC, which you can do here.

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.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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