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Terminated from employer - on WC - Employer says no work avail

Carmel, IN |

I was terminated from work after being put on unpaid leave and told no work avail. I am a white collar prof. My doc wrote in paper work I was allowed to return to up to 40 hours see accommodation (Headaches) due to head injury sustained in MVA (work related accident)I am able to perform the essential functions of my job but may need to take more time\breaks depending on episodic headaches. Shouldnt the employer have engaged in an interactive process for accommodation

Attorney Answers 3


  1. Yes interactive accomodateion under ADA

    Seek counsel right there in Carmel


  2. Consult an employment law attorney ASAP - can locate them on Avvo uner "Find a Lawyer"

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  3. contact a reputable marion county lawyer. if you don't know of one you might try either tom hastings or jack crawford in indy for a recommendation. you may have several things going on: the workers comp case and there is also a bad faith provision in the comp statute; retaliatory discharge because of the wc claim and of course the ADA as pointed out by the other avvo responders. finally if the MVA was caused by someone other than a co-employee or yourself then you have a third-party case. good luck. head injuries can have very serious long-term consequences.

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