Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My daughter is undergoing cancer treatment. Her employer…

Customer Question
My daughter is undergoing...

My daughter is undergoing cancer treatment. Her employer provided her with equipment for her to work from home in order to make up her hours. She has emails stating that as an agreement with her employer and she has already worked from home on at least one occasion. She is now undergoing surgery for an appendicitis and they are telling her that she will need to start her short-term disability after her surgery. Her oncologist has stated that she is able to work from home on a full time basis. There was also an email that was sent out company wide telling everyone to clean their work areas because so many people have been getting sick and not going into work. What are her rights?

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

With both HR and a manager.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will and hourly

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

She is 29, has been exercising almost daily from the start and has her treatment accelerated because of her body's great response to the treatment. The surgery is "scope" surgery, day surgery and she is schedule to be released tomorrow, with one week for recovery. Her oncologist stated that she is on track for her next chemo treatment next Friday because she is responding in a positive manner. Her Infection doctor also stated that the appendicitis has nothing to do with her cancer/chemo, that it is the luck of the draw, many people in her age range have this occur. Her brother had this happen at the same age 2 years ago.

Submitted: 29 days ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 8 minutes by:
5/25/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 29 days ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,240
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.

I am very sorry to hear about your daughter's medical situation. Under the Americans With Disabilities Act, she is entitled to "reasonable accommodations." This means any sort of accommodation that would allow her to perform all the essential functions of her job while not imposing undue hardship on her employer. Clearly a partial work-from-home arrangement is reasonable as her employer has already provided her with the necessary equipment for this, and occasionally working from home is also unlikely to pose serious problems. Working from home 100% is a bit different, though. For many employers this will cause undue hardship because a lot of jobs require face-to-face contact and a lot of employers believe they need to have their employees in physical proximity in order to effectively manage them.

Your daughter would need to make the case that 100% work from home will not impose undue hardship. Factors that will help her make this argument are (1) whether there are any aspects of her job which truly require her to be in the office; (2) whether OTHER employees are allowed to work 100% from home; (3) how long she will need to work 100% from home (the shorter being better).

Ultimately if she is denied 100% work from home as an accommodation, she can file a complaint with the EEOC, which is the agency that enforces the ADA. The EEOC will investigate your daughter's claim and attempt to mediate a resolution with her employer. That not forthcoming, they will issue her a "right to sue" letter, which will enable her to pursue a lawsuit with the assistance of a local employment 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, and the information provided is not legal advice.

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: 14,240
14,240 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 was accepted for a position online work from home, with a
hello i was accepted for a position online work from home, with a company called Gardner Family Health Network. I am going to attach the email and offier letter. I'm just leary if it is legit.… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I made a request for reasonable accomodation with the ada.
I made a request for reasonable accomodation with the ada. The company forced fmla and stated that since I have not returned the fmla paper work under fmla guidelines that he has been more than genero… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,878 satisfied customers
I'd like to know if it's worthwhile to request an ADA
I'd like to know if it's worthwhile to request an ADA accommodation for my depression and anxiety. I'm currently in therapy and on medication, and the main reason is my job, which is quite stressful a… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
14,240 satisfied customers
My employer violated ada law fired me for depression
My employer violated ada law fired me for depression … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
Does ADA protect me from employer discrimination as an
Does ADA protect me from employer discrimination as an individual with a medical cannabis card in IL?… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Did not receive settlement money when stated but the EEOC
Did not receive settlement money when stated but the EEOC says it is binding if I received the money even if late. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
How do you prove you were qualified to have the job on a ada
How do you prove you were qualified to have the job on a ada or fmla violation with case law?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a case before the EEOC now. And is now with the
I have a case before the EEOC now JA: Was the EEOC case discussed with a manager or HR? Or with a lawyer? Customer: yes and is now with the Commission federal sector JA: Is the workplace "at will" or … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,878 satisfied customers
I have filed an age discrimination complaint with EEOC. The
I have filed an age discrimination complaint with EEOC. The EEOC has referred the complaint to mediation. Am I giving up any rights if I participate in mediation? … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
14,240 satisfied customers
If I file a complaint with the EEOC for disability
If I file a complaint with the EEOC for disability discrimination and my employer offers to settle, is that limited to the $300,000 limit or is that limitation only for those cases that are heard?I'm … read more
Ray
Ray
Lawyer
Doctoral Degree
33,031 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
963 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 Y., Esq.
Eric Y., Esq.
Law/J.D.
317 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
13,334 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
14,240 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
13,334 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
Lawyer
Doctoral Degree
2,893 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
13,334 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