My manager has been asking me for my doctor's opinion with a note as to when I can come back to work. My doctor cannot give me a date because he says everyone heals differently and in a different time frame. So since I cannot give my manager a date, he wants to terminate my employment. I was then desperate to save my employment by contacting my doctor’s assistant. Although, she and the doctor knew that I was not ready to return to work, she received a note from my doctor that was signed stating I was ready to go back on July 1, 2014. I'm afraid that if I go back to work in my condition and not be able to sustain myself walking long distances that I may further injure myself. Even worst get terminated because I'm unable to perform my duties like before my injury occurred.
Employment / Labor Attorney
Ask your doctor for a specific description of your limitations. Then talk to your employer about a reasonable accommodation that recognizes these limitations. If the employer can accommodate they usually will. If this is a permanent disability that falls under the ADA there is more emphasis on accommodation.
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4 lawyers agree
Employment / Labor Attorney
Failure to accommodate your physical limitations and terminating you is in violation of Washington's Laws Against Discrimination. You can, and should, sue to recover lost wages/fringe benefits.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Smith answers questions on Avvo because he strongly believes in public service. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call an attorney or post an additional question. Thank you.
I agree with both my colleagues. If your employer is a qualified employer under ADA, and if you are able to perform the essential functions with a reasonable accommodation, then your employer is likely liable. I recommend that you contact one of my two colleagues for a consultation.
Best of luck
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