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Do I Have a Potential ADA Claim?
Benefits & Compensation
Do I Have a Potential ADA Claim?
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
Here is the scenario:
I live in Georgia
I have been out of work for over a month and exhausted my FMLA time.
My work will not allow me to return until I find a doctor who will certify that my con
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Forums » Topic Forums » Benefits & Compensation » Do I Have a Potential ADA Claim?
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Do I Have a Potential ADA Claim?
posted at 5/26/2011 9:08 AM EDT
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Posts: 1
First: 5/26/2011 Last: 5/26/2011 |
Here is the scenario:
I live in Georgia I have been out of work for over a month and exhausted my FMLA time. My work will not allow me to return until I find a doctor who will certify that my condition will never cause me to miss work again...which is tantamount to asking a someone in remission from cancer to certify that it will never come back, since my issue is serious anxiety and depression that is often times stronger than the medicines I am on. My employer has been aware of my condition since I first filed an FMLA claim for it well over a year ago. I have proven competent in my job to the point that, even though I was on an attendance warning from being sick prior to qualifying for FMLA, they made two exceptions based on my performance - they promoted me and made me eligible for bonuses, which is against normal company policy for people on a dependability warning. I have had several doctors send in several notes to the head of health services and they have all been returned because no doctor can 100% certify that depression will not reoccur, it is simply impossible. If the company ends up firing me, which I fear is a distinct possibility, do I have any recourse to file an ADA claim? They knew about my condition ahead of time, they broke with policy to promote me based on performance, and they are asking for the impossible from my doctor - oh, and my HR contact is no longer answering when I call or returning my voice mails. If this is not the correct place to ask this question, I apologize, but it seemed logical to ask this question to a forum filled with HR experts. Thanks. |
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Do I Have a Potential ADA Claim?
posted at 5/26/2011 9:36 AM EDT
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
These forums are for workforce management and HR professionals, not for employees. Try www.freeadvice.com, wwwlaborlawtalk.com and/or www.expertlaw.com. |
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Do I Have a Potential ADA Claim?
posted at 5/26/2011 9:59 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
As see from the note above we normally do not give advice to employees with claims.
I suggest that you consider this from an employer's perspective. 1. You have no "right" to the job 2. The employer has the "right" to expect you to be able to come to work everyday. If you cannot give them reasonable assurance of that (normally a note from an MD saying you are fit AND able to work EVERYDAY) then they need to find someone who can. It is this consistency of full time attendance that the employer needs regardless of the high work quality when you are there. They need to be able to depend on you and right now it does not appear that they can receive this assurance. |
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Do I Have a Potential ADA Claim?
posted at 5/26/2011 11:13 AM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
While depression may be covered under ADA, you are required to make it known to the employer (which it appears you've done) and to request reasonable accomodation (which is not clear that you've done). However, the employer is under no obligation to provide accomodation if doing so would create an undue hardship or excessive expense/loss of productivity. |
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Do I Have a Potential ADA Claim?
posted at 5/26/2011 11:31 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
In other words the "accomodation" is not about you not being able to come to work each and every day. The accomodation, either physical assistance or a reasonable schedule change is made so that you will be able to do all the tasks of the job each and every day. |
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Re: Do I Have a Potential ADA Claim?
posted at 4/5/2013 4:44 PM EDT
on Workforce Management
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Posts: 215
First: 9/20/2011 Last: 5/14/2013 |
In Response to Re: Do I Have a Potential ADA Claim?: I'm agree with howard7. He is saying right because as see from the note, we normally don't give any advice to employees with claims Posted by Hnsmith Hnsmith- You look amazing like someone I have seen before. I just can't quite place that picture.. :-)) |
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Re: Do I Have a Potential ADA Claim?
posted at 4/8/2013 12:13 PM EDT
on Workforce Management
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Posts: 20
First: 2/6/2012 Last: 5/3/2013 |
Even as a management-side lawyer, I have some concerns about the characterization of what the company is expecting. If it is an accurate characterization, it may well get the EEOC's attention if a complaint were filed. Dave Arnold, Ph.D., J.D. |
Forums » Topic Forums » Benefits & Compensation » Do I Have a Potential ADA Claim?
