Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have been on short term disability through my employer…

I have been on...

I have been on short term disability through my employer plan and fmla for 6 months due to breast cancer complications. My doctor has given me a return to work but restrictions on no typing or mouse clicking due to lymphedema. I am a computer programmer by trade. The employer wants me to give a resignation since my FMLA is up and STD benefits exhausted. I was denied LTD due to breast Cancer being a preexisting condition and I am refusing to resign. If they fire me do I have recourse? I cannot perform typing or clicking however they are not offering me accommodations. They are saying they have no use for me. What do I do?

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

North Carolina

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

At will full time

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
11/1/2017
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,364
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Is there some way that you can do your job without typing or mouse clicking? If so, what do you envision exactly? I very much look forward to helping you on this matter.

Ask Your Own Employment Law Question
Customer reply replied 8 months ago
I can train, instruct and use verbal software to write. They are not offering any of this. I am being terminated.

Thank you. Do you believe you can perform all the essential functions of your original job with these restrictions? Or are you proposing in essence a new type of position?

Ask Your Own Employment Law Question
Customer reply replied 8 months ago
If you look at my actual job description it does not mention typing or clicking a mouse. I am a business information analyst. I don't feel the job description excludes me from doing a job within the parameters.

Maybe let me try to ask my question another way. Can you still accomplish for your employer the same job tasks that you were accomplishing before with the aid of some sort of accommodation (i.e. voice typing)?

Ask Your Own Employment Law Question

So if you looked at the most important and essential aspects of your job from before, can you still accomplish those things for your employer now?

Ask Your Own Employment Law Question
Customer reply replied 8 months ago
I believe I can but they believe I can't apparently
Customer reply replied 8 months ago
I would need an accomodation, e.g. voice software but I could still perform the job

Thank you.

So the reason why I'm asking this is because once FMLA leave has been exhausted, the only remaining protection is that afforded by the ADA, which requires employers to "reasonably accommodate" disabilities. A reasonable accommodation could be additional protected time off work, so that's one possible thing you could argue. But if you don't have a date in the near future where you can return and fully perform your job, then this is really only a short term fix. The other type of reasonable accommodation would be some sort of aid or assistance that would enable you to safely and effectively perform all your essential job functions. Key, though, is that you are able to actually perform all your essential job functions from before. The courts have generally been quite clear that an employer is not required to create a new position as a form of reasonable accommodation. They are only required to offer aids or assistance that would enable the employee to do the job for which they were hired.

So here it sounds like you believe you can still perform all your essential job functions if you are afforded the accommodation of voicetyping. It would be prudent to advise your employer of this fact in writing as soon as possible and let them also know that the ADA requires them to reasonably accommodate you and this is a reasonable accommodation. Then if they still terminate you, your recourse is to file a complaint for violation of the ADA with the EEOC. The EEOC will investigate and attempt to mediate a resolution with your employer. That not forthcoming, they will either file a lawsuit on your behalf or issue you a "right to sue" letter, which will enable you to sue in civil court with the assistance of an attorney.

I hope this helps. If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Ask Your Own Employment Law Question

Please let me know if there is anything else I can do for you?

Ask Your Own Employment Law Question
Customer reply replied 8 months ago
This is their response to me requesting accommodation

I would point out to them that typing and mousing are not your "job," rather they are tools which enable you to DO your job. Therefore, if substitute tools can be provided (voice typing) that allow you to do the same job, then that is potentially a form of reasonable accommodation.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,364
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 months ago
I responded with what you said, they are now asking if I want to apply for ADA ...thank you!

You are very welcome, and yes, that is precisely what you want to do. I'm glad I could help here. I wish you the best with your health and continued employment.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 14,364
14,364 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I am on short term disability since Aprildue to complicated
Hi I am on short term disability since Aprildue to complicated pregnancy. I had my baby on November 21st and on FMLA leave until Jan 15th. I have to return to work on Jan 16th. I am still feeling weak… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I was terminated from my job on Feb 14th, while battling
I was terminated from my job on Feb 14th, while battling breast cancer and my FMLA was exhausted. A Human Resource reps contacted me the day before my termination to inform me that I would no longer b… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I am a16yr employee at a large financial.institution who has
I am a16yr employee at a large financial.institution who has a strong performance history. I am suffering from anxiety attacks, depression and high blood pressure due to work stress. Ultimately I just… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
A 27 year old male working in Vermont at one employer +
A 27 year old male working in Vermont at one employer for 10+ months (FMLA). Request Personal Time Off to address a medical issue. Diagnosed with Hoddgings Limphoma Cancer in early January 2016. Upon … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
Can an employee be terminated while on LTD in an at will
Can an employee be terminated while on LTD in an at will state? I live in Dallas was injured in a car accident suffered a concussion. Tried to continue working and completed FMLA paperwork. I finally … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
Morning, If I go on Long Term Disability, my understanding
Morning, If I go on Long Term Disability, my understanding is that I am "terminated" from my position. I am assuming, that if I resigned, I would not be eligible for Long Term Disability through my em… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
Im currently 8 weeks pregnant and have been having severe
I'm currently 8 weeks pregnant and have been having severe complications (pregnant with an IUD). My FMLA leave has been exhausted, according to my employer, as I gave birth in February and was out of … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
North Carolina: Im out on STD and my FMLA will expire soon.
North Carolina: I'm out on STD and my FMLA will expire soon. My surgeon has informed me that I am not ready to return to work for likely 6 weeks after my FMLA expires. I understand that I can lose my … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
Ive worked for my employer almost 10 yrs, and had never taken
I've worked for my employer almost 10 yrs, and had never taken FMLA. On April 9th of this year I was diagnosed with breast cancer, and on April 21st, I fell and broke my ankle, which I needed surgery … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
What are circumstances in the state of ct. for an employer
What are circumstances in the state of ct. for an employer to accept an employee back after undergoing cancer treatments/ surgeries. Does an employer have the right to NOT take you back if you are par… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I was terminated from my work on Jan 7, 2011 due to FMLA being
I was terminated from my work on Jan 7, 2011 due to FMLA being over and am now on LTD for cancer. Am I eligible for unemployment? I worked for the hospital for 14 years... thanks… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I was on Medical Leave FMLA Short Term Disability (STD) My
I was on Medical Leave FMLA Short Term Disability (STD) My doctor extended my leave as my both feet were not in good shape. They were badly swollen due to Lymphedema (accumulation of fluid in foot). T… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
Ive been at my company for 4 yrs. At the end of last year,
I've been at my company for 4 yrs. At the end of last year, I was diagnosed with HD. Dealing with the diagnosis as well as the symptoms really affected my job performance. I went out on short term dis… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
Can I take FMLA/STD after notification of layoff in two wks
Can I take FMLA/STD after notification of layoff in two wks? I have been under treatment for Sarcoidosis for 2 yrs. This effected my legs,joints,& lungs. Back injury with this same employer in 1998 wo… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I have RSD which is getting progressively worse, I take 80
I have RSD which is getting progressively worse, I take 80 mg of Oxycontin daily and 25 mg of Vimpat, 200 mg of Provigil and 1800 mg of Neurontin. These medications do not control all of my pain which… read more
Employment Lawyer
Employment Lawyer
Attorney
Doctoral Degree
311 satisfied customers
I have been on STD since February. I had to have my thyroid
I have been on STD since February. I had to have my thyroid removed, but it left me with vocal cord paralysis. My employer is constantly contacting me and asking me when I am coming back. They keep ex… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I got 6 months of short term disability they combined it with
I got 6 months of short term disability they combined it with FML with that can they do that?… read more
Len
Len
Attorney at Law
Doctoral Degree
444 satisfied customers
When an employee goes out on on fmla for heart surgery and
When an employee goes out on on fmla for heart surgery and when his 12 weeks are up, the doctor will not release him. Can the employer fire him? Shouldn't they be placing him on STD or LTD. Is this le… read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
96 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x