Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am on medical LOA since July. I got a paper by Fed ex and…

Customer Question
I am on medical...

I am on medical LOA since July. I got a paper by Fed ex and they said that they had replaced my position back in October. They never once told me about a deadline and this letter was the only contact stating this. I have seen several other people take a leave for eight months (give or take)and they still had their position upon returning.

Lawyer's Assistant: Have you documented this or discussed it with HR?

HR sent the letter

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

Full time store manager

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

My leave is going to be longer because need repair surgery for my shoulder, rotator cuff

Submitted: 4 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
12/15/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,894
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.

Do you have a definitive return date? Also, what specifically is your question? Are you asking what your legal options are? I very much look forward to helping you on this matter.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
No return date. My question Is, can they replace my Store Manager position without my knowledge
Customer reply replied 4 months ago
I have been with this company for 11 years
Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago

Thank you.

For a leave of absence more than 12 weeks, the only law that potentially requires your employer to hold your position is the Americans With Disabilities Act. Under the ADA, your employer must hold your position for so long as doing so doesn't cause them to suffer "undue hardship," defined as significant difficulty or expense.

If your employer has held other employees' positions for eight months or longer, that certainly suggests that they may be able to do the same in your case. But keep in mind every position is different, and the needs of a business can change over time. The biggest thing that hurts you right now is the fact that you have no return date. It's hard to say that it would be reasonable for your employer to hold your position when it cannot be articulated how long they must actually do so. Most juries would not find it to be reasonable for an employer to wait, in the dark, not knowing when or even if you'll come back, for some undefined period of time beyond six months. So, if it's at all possible, I would provide at least an estimated return date to your employer in writing. That way, you are working with something concrete. Otherwise, it's not really possible to argue that it's "reasonable" because we don't even know what duration of leave we're talking about.

In the same letter in which you provide your estimate return date you should explain in as much detail as possible why holding your position for that long would be a reasonable accommodation under the ADA. As mentioned above, the fact that they have held other employees' positions for eight months or longer helps. Any other facts you can argue about how your employer can assign your work to other employees, transfer other employees, or otherwise accommodate your return should also be mentioned.

Ultimately, if your employer still refuses to return you to work, your recourse is to file a complaint for violation of the ADA with the EEOC. You can do so here. 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 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.

Ask Your Own Employment Law Question
Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago

Was there anything else I can do for you here?

Ask Your Own Employment Law Question
Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago

Can you please let me know if you are receiving my messages to you? I am online, awaiting your response....

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 13,894
13,894 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:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 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

3,991 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.

< Previous | Next >

Related Employment Law Questions
I am in the beginning stages of an EEOC investigation and I
I am in the beginning stages of an EEOC investigation and I am the charging party. After dodging the process for a while, my former employer who fired me after I reported a discriminatory employment p… read more
Eric Yepez
Eric Yepez
Law/J.D.
46 satisfied customers
Will the EEOC reconsider a case if they initially find it
Hi will the EEOC reconsider a case if they initially find it inconclusive if ask and more information is provided. … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
523 satisfied customers
Is it a violation of the ADA iof a covered person is
Is it a violation of the ADA iof a covered person is "treated the same as other employees"? … read more
Eric Yepez
Eric Yepez
Law/J.D.
46 satisfied customers
I'm not sure of my rights. I am listed under the ADA with
I'm not sure of my rights. I am listed under the ADA with asthma. Perfumes, cigs, body lotions trigger my asthma. My employer requested I file a paper with my doctors and ADA to list restrictions and … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
This is an ADA question. Would a back brace or medical
This is an ADA question.Would a back brace or medical corset be considered an accommodation if I could perform my normal job functions?… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I have filed with EEOC on the TDCJ Warden on Johnston for
Thank you, ***** ***** filed with EEOC on the TDCJ Warden on Johnston for sexual harressment, now I'm uncomfortable at work, what can I do? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have an eeoc case against a federal agency that is
I have an eeoc case against a federal agency that is dragging on now for three years. Should I just ask for my right to sue letter and take them to civil court, as opposed to letting them play their g… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
523 satisfied customers
I am a tenured professor trying to get an ADA exemption from
I am a tenured professor trying to get an ADA exemption from a post-tenure review process at my university. I have had severe psychiatric issues related to pregnancy and domestic violence since my kid… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a letter from EEOC that dismal and notice to right
i have a letter from EEOC that dismal and notice to right for discrimination disability employment … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I currently have an EEOC investigation going on with my
I currently have an EEOC investigation going on with my former employer-the case was filed in Georgia but I have had to sell my home and am thinking of moving out of state-will this hurt my case?? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I just sent in an EEOC complaint regarding something that
Hi, I just sent in an EEOC complaint regarding something that happened over ten years ago. I was told a few years ago that my boyfriend got my boss to fire me because we broke up. The boss is an attor… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
ADA-I have been reading on-line about this topic, I
ADA-I have been reading on-line about this topic, I understand job Accommodation but at my employment our HR department is granting an employee ADA to protect her from excessive absenteeism. Job Accom… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,894 satisfied customers
Is it a violation of ADA rights if I reported a recent
Is it a violation of ADA rights if I reported a recent diagnosis of carpal tunnel syndrome and due to the extensive typing I perform as part of my job duties, I requested accommodations such as speech to text software ($250) and an ergonomic keyboard ($46.99) and after difficulty with obtaining the items, I filed a workers compensation claim and was put on involuntary sick leave … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,894 satisfied customers
I'm not sure yet how to phrase my question though the EEOC
I'm not sure yet how to phrase my question though the EEOC has had my case 18 months and 25 days. They've only said they are waiting on the Director of this particular region to sign off on my charges… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
523 satisfied customers
In an EEOC investigation, can the investigator request a
In an EEOC investigation, can the investigator request a release for medical information? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a situation at work regarding ada discrimination,
Second opinion] I have a situation at work regarding ada discrimination, harassment, and other issues pertaining to my job. I am being singled out. I am facing termination from my employer. HR is inve… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
ADA Accommodation, is it something like FMLA Act. Pass to
ADA Accommodation, is it something like FMLA Act. Pass to protect your job and rights, when need Accommodation due to a work injury once FMLA is used up.is there a time limited for ADA Accommodation b… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,769 satisfied customers
I qualify for ada Accomodations. High level of stress and
I qualify for ada Accomodations. High level of stress and anxiety lead me to nearly killing myself and attending a mental health intensive care program for 2 months. During the two months my psychiatr… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 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