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Terminated while under active fmla claim. Supervisor wrote notation that I was either "alcoholic, drug addict or bipolar".

Coquille, OR |

No testing done despite working at jail where drugs and alcohol are regularly tested for. Also refusing to relrease employment records.

Attorney Answers 3

Posted

You haven't asked a question here, so it's hard to give an answer. (Please see this Guide: http://www.avvo.com/legal-guides/ugc/five-tips-for-how-to-ask-for-legal-advice-on-avvocom .) You should consult with an attorney in private if you wish to assert a claim.

Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com

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Posted

If you were terminated because you utilized OFLA/FMLA leave, you may have an employment discrimination claim. If you were denied OFLA/FMLA when you should have been granted it, you may have an employment discrimination claim.

Whether an employer is covered by OFLA or FMLA is a question of the employer’s size. For OFLA to apply to an employer, they must have employed 25 or more employees in the current or previous year. For FMLA to apply to an employer, they must have 50 or more employees in the current or previous year.

To be eligible for OFLA leave an employee must have been on the job for at least 180 days and must have worked at least an average of 25 hours a week during the 180 days before leave begins. To be eligible for FMLA, an employee must have worked for at least 12 months and during the 12 months prior to leave must have worked 1,250 hours.

If you were discriminated against because of a disability, you may have an employment discrimination claim. Employers with 6 or more employees must comply with Oregon’s disability law. Employers with 15 or more employees must comply with the ADA and Oregon’s disability law.

Generally, it is illegal for an employer to discriminate against an individual with a disability because of the disability. Employers are also obligated to provide reasonable accommodation to those employees with a disability. Alcoholism and mental health issues are a disability, but illegal drug use is not.

If you believe you have been discriminated against, you should contact an attorney.

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You should contact an attorney. Likely you have a claim under the FMLA or OFLA. These are federal and state laws that restrict employers from discriminating against you because you take leave for medical reasons. Only certain employers and employees are eligible for the protection and it only protects against certain types of actions. Working at a jail likely means that your employer is required to comply, so you should discuss all the facts with an employment attorney.

Information is provided to assist the reader in forming questions and allow them to take full advantage of a consultation with the attorney of their choice. Schuck Law, LLC does not provide legal advice to individuals who have not signed a written fee agreement with the firm. The facts, which were not disclosed in the written question may change the advice, if any, that would be rendered by the attorneys at Schuck Law, LLC. For these and other reasons, Schuck Law, LLC is not responsible for any damages caused by the reader's use, mis-use, or interpretation of the information provided herein.

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