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I was fired by employer after leave from company - I am seeking ADA assistance

Arlington, VA |

I was in a MVA- work related suffered othopedic injuries and head injury. I am a white collar prof. I worked for a couple months post accident with lifting restrictions. Ended up in ER and was placed taken out of work due to concussion. I returned 2 mon later in a part-time basis but tone at work was escalating and neg. I was still testing for full scope of injury and was told by doc i needed surgery on shoulder. I had surgery - 4 week later I returned still with limited schedule for the head injury and same ortho restrictions. My ER took me inot HR and placed me on personal leave stating they have no work I can do. I was then contacted by LTD carrier (Co thrid party admin) My doc wrote a return to 40hour work with accommodation about 60 days ago and my ER did not contact me with

Attorney Answers 2


I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.

I am sorry to hear about these serious medical and employment problems. It sounds like you might have a viable ADA case; generally, it is a violation of the ADA to require a "full release" before allowing an employee to return to work, provided the employee can perform the essential functions (main parts) of his or her job, with or without reasonable accommodation. You may also have a workers' compensation case under your state's laws.

I urge you to contact one or more experienced employment law attorneys with whom you can discuss the details of your situation. You can find a plaintiffs employment attorney on the National Employment Lawyers Association (NELA) web site NELA is the largest and most influential bar association in the country for attorneys representing working people. You can search by location and practice area. Also, NELA has affiliates in every state and many cities which are listed on the NELA site. Not all NELA attorneys are named on the web site or affiliate site. This should not influence your selection; attorneys can choose whether or not to purchase a listing in the national directory, and each affiliate has its own rules for listing.

I hope you can resolve your situation and wish you the best. *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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You can contact me to further discuss this; it seems that you may have a claim under the American Disabilities Act and also quite possibly under the Family Medical Leave Act.

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