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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I was terminated inability to perform my job. The army

Customer Question

I was terminated for medical inability to perform my job. The army official stated that since I didn't provide additional documentation as requested and I didn't go to a fitness for duty exam after the proposed removal. I had already provided the documention years early and they had me on a detail for 4 year wile they wait on an answer for my Reasonable Accommodation. Is this a legal termination?
Submitted: 1 year ago.
Category: Legal
Expert:  Lady Lawyer replied 1 year ago.

Hello: I can only give you educational advice. You have taken the correct first step by filing your complaint with the EEOC. Under the ADA you are essentially protected if you have a disability that impacts a major life function and you need a reasonable accommodation to perform your job. If you cannot perform your job with a reasonable accommodation then the employer has not violated any laws if they terminate you.

The employer also can ask you to provide documentation. Did you provide this after you were asked for it? That is not 4 years ago but when you were asked for it now? You can answer me since in order to help you I need to know this.

Customer: replied 1 year ago.
I provided the document in 2008(workers' comp claim), 2009, 2011(their doctor) and again in 2012 ( my doctor). The agency policy said all information will be kept on file for the duration of my employee so I wouldn't have to submit anymore.
Expert:  Lady Lawyer replied 1 year ago.

Did your medical situation change or were you unable to perform your job in any way recently?

Customer: replied 1 year ago.
my medical situation was the same. In their own and on my evaluation they stated that i performed most of my duties
Expert:  Lady Lawyer replied 1 year ago.

So as I understand it from what you have said, you were working and performing your job with accommodations at the time you were terminated?

Customer: replied 1 year ago.
they kept pushing for information that was already on file. please see document
Customer: replied 1 year ago.
I requested Reasonable Accommodation in writing in 2012 and the placed me on a detail for 4 years.
Customer: replied 1 year ago.
Expert:  Lady Lawyer replied 1 year ago.

Yes I see that. The document you gave me to read says it was a temporary assignment not a permanent one and not the position for which you were initially hired.

Therefore, from what you have said t appears that your employer asked you for additional testing and you did not do this, am I correct?

Customer: replied 1 year ago.
because the document were on file and my condition was permenant
Expert:  Lady Lawyer replied 1 year ago.

I am sorry but the answer to question whether it is a legal termination is 'it depends'. I am giving you a link to the EEOC guidance document but again this will not give you a definite answer. In your case I think you need to bring your documents to an employment lawyer in Georgia and have him /her review your documents and the requests made by your employer. If you call the local bar association the initial consultation does not cost much money and is worth it. Again you did file with the EEOC and that is the start and they will investigate it but they take time as you know.

Customer: replied 1 year ago.
what is the phone number for Local Bar Association?
Expert:  Lady Lawyer replied 1 year ago.

Where do you live - city?

Customer: replied 1 year ago.
Augusta, Georgia 30909
Expert:  Lady Lawyer replied 1 year ago.

One second I will get it for you.

Customer: replied 1 year ago.
Expert:  Lady Lawyer replied 1 year ago.

Unfortunately the Augusta Bar Association does not offer lawyer referral services the one in Atlanta does but I imagine that is too far away for you. I am giving you a link to a commercial web site and you can look on Put in employment law- employee and you should find someone. Make sure the person has done a number of cases so do not hesitate to ask for how many years they have practiced in this area and how successful they have been. Ask if they charge for the initial consultation, some lawyers do, some don't.

I hope I helped you and I would appreciate a good rating.

Customer: replied 1 year ago.
thank you so much