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Good Evening. I believe that the company I work for violated my rights under the ADA.

Naples, FL |

I was just informed today that since my FMLA has ended, my position has been done away with.
I have a congenital condition (Ehlers-Danlos with fibro as secondary) that has been exacerbated recently, and has increased my pain 100 fold. I am on pain meds that have tripled. Also have new symptoms interfering with life let alone work.

I asked to return very limited part-time PRN, because I am not getting paid at all now, and they refused to allow me adjusted hours. That they could just do away with my position, keep me employed without pay, and I can reapply for another job in the future.If there is one available. Now the STD/LTD company that they use is denying that I have any medical keeping me from working.

Can someone please tell me if this is legal under the ADA?

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Attorney answers 4

Posted

There are a lot of issues here to consider that this forum does not avail itself to.I would recommend you use the find a lawyer tab above to locate an attorney in your area. Many attorneys offer free consultations where you can gain a better understanding of your legal rights. Good Luck.

Nothing herein is intended to create an attorney client relationship and the response is intended to provide generally a broad response to the area posed by the question. Each question is governed by unique facts and no answer provided is intended to specifically answer the question, but is a general overview of the area of law contained in the question.

Asker

Posted

I will do that. Thank for your time.

Posted

This is to fact intensive for Avvo.....only an attorney speaking with you and understanding all that transpired will determine if you have a claim.....what you provided is incomplete. Moreover, how many employees are in the company as that affects the applicability of ADA.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.

Asker

Posted

Unfortunately, it has turned into something that is over the allowed response length. To answer your question, my employer has well over 1000 employees totals. However, my subsidiary has about 200 at the moment. Large hospital. Thank you for your time, and I will look for a local lawyer.

Posted

I agree with my colleagues. Your post raises issues related to the FMLA and ADA, but your matter sounds very fact intensive and does not easily lend itself to a quick answer on a forum like Avvo. See a local employment attorney. Good luck.

Asker

Posted

Thank you ma'am for your time and advice. I seek out a local attorney.

Posted

Contact a local attorney for a free consultation.

I can be further reached a davidfraser@napleslaw.us. The information provided is not legal advice and no attorney client relationship will arise based upon this information. If you decide to retain an attorney a separate discussion regarding your rights will have to occur. Do not rely on any of the information provided in deciding whether or not to act. David Fraser disclaims any liability for actions that are taken by individuals based upon the information provided. CONSULT AN ATTORNEY IN YOUR JURISDICTION BEFORE TAKING ANY LEGAL ACTION. Florida Bar Disclosure: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide on an attorney, ask him/her to send you free written information about his/her qualifications and experience.

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