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I will be having a conference with my employer i have filed…

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i will be having a...
i will be having a conference with my employer i have filed a charge of discrimination with the eeoc , i have websites contradicting what the employeer is telling me as well as websites from the eeoc and the job accomodation network and the american with disabilities website, how should i act at a conference when gathering clarification? does the fmla not fire individuals after the 12 weeks are used??
Submitted: 3 months ago.Category: Employment Law
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3/23/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,360
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

Are you asking if an employee can be fired if they remain absent from work for more than 12 weeks? I very much look forward to assisting you on this matter.

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Customer reply replied 3 months ago
in addition I would like to know if I am attending a conference and the employeer is explaining that fmla superceeds ada if i can inform them that it does not and what do you suggest i do at the conference listen or explain my perspective??
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago

Can you provide a little more context on the situation? I can't tell you how to explain your perspetive without knowing a bit more about what is happening. Thank you again.

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Customer reply replied 3 months ago
Okay. I have talked to the eeoc. Employers can not force you to take fmla if you are requesting ada. The job accomodation network indicates I can request ada accomodation and so does the ada amended and ada federal website. Both laws are different. Ada is not fmla and fmla is not ada. My employer rejected my ada request and forced me to initiate fmla. Again regardless of how employers function and fmla functions. I want to express that they are different and there is nothing in black and white that indicates I have to take fmla after requesting a ada leave of abscene. How can i approach that perspective without telling my employer on conference that they violated my rights. I am aware that after receiving a fmla request and the 12 weeks are exceeeded a employee can be terminated if they can not perform the job function!!!
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago

Thank you. I mean this with all respect intended, but it seems that you have already reached your own legal conclusions here and that you are not actually asking a question about the law. Am I misunderstanding that? Are you open to me telling you something other than what you understand the law to be here?

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Customer reply replied 3 months ago
My apologies. I understand the law. I would like to inquire as to how to approach the conference because the employeer is rejecting the law? Strange as it sounds but they have already rejected my fmla request. Now I will proceed in conference with them. I am very afraid. I dont know how to present my perspective without shaking any feathers.
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago

It seems that you are already rigid in how you are understanding the law, so I am not sure you would be receptive to any answer I can give you, which might differ with your preconceived notions of how the law operates in these situations. I will therefore opt out in favor of other attorneys. I wish you the best.

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Customer reply replied 3 months ago
I am very repceptive. I just already had the conference can you assist me.
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