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I was out on disability for 6 months. My employer sent me a…

I was out on...

I was out on disability for 6 months. My employer sent me a letter stating if I didn't return to work on a specific date that it would be considered a Voluntary Resignation. My doctor submitted a Reasonable Accommodation letter and it was denied by my employer. I am still having medical issues and I'm missing work because of it. I have been given a formal written reprimand because of my attendance. My question is, do I qualify for ADA laws to be applied to me (my medical history has been noted for years now with my employer (I ran out of FMLA while out on disability. I'm afraid of getting fired, but by forcing me to return to work (because I need my health insurance and income) this employer has set me up to fail. I've been with the employer since 2001 and this is the first time I've been written up for anything. I just needed to know if I can be protected by the ADA Act.

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

No lawyer yet. I've been looking online to find out my rights. The termination will happen if my attendance doesn't improve, but I still have health issues (severe aura migraines and severe acute anxiety).

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I belong to a Union which I have contacted. I also wrote a Dispute letter to my employer.

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

I don't believe I do....

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Answered in 4 minutes by:
3/27/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,122
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

The ADA can be used to extend FMLA use, but only for a short period. Usually, we are taking about a couple of weeks, maybe a month if the employer is a national employer who could easily sustain the absence. If you've already 6 months, a court is going to hold that th employer has already legally done more than they had to do, in terms of holding your job, and no ADA extension is going to be authorized.

I do wish I could tell you differently, but I've never seen or heard of a court extending the absence even close to that long under the ADA.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,122
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 24 days ago
Hello Allen, Thank you for your quick response. I appreciate you taking the time to help me.
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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,122
20,122 Satisfied Customers
Experience: Employment/Labor Law Litigation

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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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