Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I was terminated inability to perform my job. The army

Customer Question
Hi, I was terminated for medical...
Hi,
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
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
6/19/2016
Lawyer: Lady Lawyer, Lawyer replied 1 year ago
Lady Lawyer
Lady Lawyer, Lawyer
Category: Legal
Satisfied Customers: 1
Experience: J.D. Admitted to practice in New York State
Verified

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.

Ask Your Own Legal Question
Customer reply 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.
Lawyer: Lady Lawyer, Lawyer replied 1 year ago

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

Ask Your Own Legal Question
Customer reply 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
Lawyer: Lady Lawyer, 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?

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

Ask Your Own Legal Question
Customer reply replied 1 year ago
because the document were on file and my condition was permenant
Lawyer: Lady Lawyer, 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.

https://www.eeoc.gov/policy/docs/guidance-inquiries.html

Ask Your Own Legal Question
Customer reply replied 1 year ago
what is the phone number for Local Bar Association?
Lawyer: Lady Lawyer, Lawyer replied 1 year ago

Where do you live - city?

Ask Your Own Legal Question
Customer reply replied 1 year ago
Augusta, Georgia 30909
Lawyer: Lady Lawyer, Lawyer replied 1 year ago

One second I will get it for you.

Ask Your Own Legal Question
Customer reply replied 1 year ago
ok
Lawyer: Lady Lawyer, 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 lawyers.com. 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.

https://www.avvo.com/employment-labor-lawyer/ga/augusta.html

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

Ask Your Own Legal Question
Customer reply replied 1 year ago
thank you so much
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8,775
8,775 Satisfied Customers
Experience: JD, BBA Over 25 years legal and business experience.

Tina 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:

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

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
My mother took out a life insurance policy on me when I was
Hi, my mother took out a life insurance policy on me when I was a minor. I'm 27 now, and found out she's refusing to sign the policy over to me despite the fact I'm an adult and her agreeing to over a… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
I have both a homeowners insurance policy that covers damage
I have both a homeowners insurance policy that covers damage to our home with a $1000.00 deductible and a home warranty policy with a $1000.00 maximum for plumbing incidents. We had a slab leak (plumb… read more
Michael Bradley
Michael Bradley
JD
1,192 satisfied customers
My home insurance policy re: full replacement cost. Language
My home insurance policy re: full replacement cost. Language was confusing so I had some words with agent who got mad and told me to go shoping. So I did. On potential new agents screen it said my cur… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
My car insurance policy was canceled because I was
Hi, my car insurance policy was canceled because I was ill-informed is there something I can do? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
A life insurance policy which was cancelled in October,
a life insurance policy which was cancelled in October, November, and December, and on auto-pay has still not ceased. what to do? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers
I am sold a insurance policy and I have a copy of the letter
Second opinion] I am sold a insurance policy and I have a copy of the letter of confirmation, the certificate of insurance, when claimed form is submitted I am told I was not sold the amount of insura… read more
Bill Attorney
Bill Attorney
law
1,596 satisfied customers
Is there ever a med pay deductible on a homeowners policy?
Is there ever a med pay deductible on a homeowners policy? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers
If public policy bars a plaintiff from recovering on a
If public policy bars a plaintiff from recovering on a contract, would that be an issue on appeal?… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
We need advice on universal life insurance policy. New
We need advice on universal life insurance policy. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers
I am the beneficiary of a life insurance policy and the
I am the beneficiary of a life insurance policy and the insurance company won't make the check out to me.they keep sending it to the estate of Don Sergott so the bank won't cash it. I called them and … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
HO2 and Wind policies in place and premiums paid with Trust
HO2 and Wind policies in place and premiums paid with Trust as named insured. Deed recorded in FL naming three co-partners/equal shares. Insurance carriers require new application for each policy. How… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I had univer. Life insur policy for 24 yrs The company tells
I had univer. Life insur policy for 24 yrs The company tells me that its not performing and want pay out,and I should apply for lesser policy (50,000) … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Can a policy owner borrow against a life policy without the
can a policy owner borrow against a life policy without the signature of an irrevocable beneficiary … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
We just received a copy of the insurance policy the cover
We just received a copy of the insurance policy the cover letter says that it doesn't provide any coverage for automobile accidents. I've attached it please let me know what you think thank you… read more
Michael Bradley
Michael Bradley
JD
1,192 satisfied customers
We are an employer in CA. Our vacation policy states an
We are an employer in CA. Our vacation policy states an exempt staff person may earn 96 hours per year (say Aug - Aug) and they can roll over up to 40 hours to the new year. If an exempt person used o… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers
My mother has a insurance policy that matured in 2007 and
my mother has a insurance policy that matured in 2007 and cant ins. to tell us anything what should we do. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,334 satisfied customers
I bought an insurance policy and one of the statements in
Hello, I bought an insurance policy and one of the statements in the policy make me think the policy is not valid. "This policy is written by an unauthorized insurer and is not subject to the filing o… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
If a beneficiary to an insurance policy dies, do the
If a beneficiary to an insurance policy dies, do the proceeds get distributed according to that beneficiary's will or are they distributed according to the Insurance policy such as divided equally amo… read more
Michael Bradley
Michael Bradley
JD
1,192 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