QUESTION
What can I do if I lost my job while under the care of my doctor?
Asked on Feb 14th, 2014 on Litigation - Texas
More details to this question:
My job wouldn't take my ER excuses, I still have them. My doctor tried twice for accommodations for me and they turn it down both times since he could not answer when the accommodation would end, I have both denial letters, and they fired me for not being at work for 30 days even though my doctor didn't want me to drive the 22.5 miles to work while doubled over in pain. By the way the job never called me to tell me I was fired or even warned me about my phone offs. I didn't even receive a written report about it. I had to call in to find out why I couldn't check my schedule online. Do I even have a case against them is my question. My friends and family say I do but I am not sure.
5 ANSWERS
You have no case, unless you can prove that you were discharged for illegal discrimination. Not all discrimination is illegal, and generally, having a doctors excuse does not protect your job. You should consult with an attorney that handles discrimination cases. I do not. I do not know if your situation is governed by the ADA or if your discrimination is based on handicap status or not.
Answered on Feb 19th, 2014 at 3:48 AM
Admiralty / Maritime Attorney serving Monrovia, CA
at
The Law Office of Nathan Wagner
Update Your Profile
It sounds like you probably have a case for failure to provide a reasonable accommodation, and maybe also for disability discrimination and failure to provide an FMLA leave of absence. You should talk to a local attorney who specializes in wrongful termination cases. Many of these attorneys provide free or low cost initial consultations.
Answered on Feb 19th, 2014 at 3:48 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated.
Answered on Feb 19th, 2014 at 3:48 AM
Bruce A. Coane
If the employer had more than 15 employees, yes, you may have a case for disability discrimination. Feel free to contact my office to set an appointment to discuss.
Answered on Feb 19th, 2014 at 3:47 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
If your employer does not have more than 50 employees, I don't think it is obligated to comply with the Family Medical Leave Act. If it has more, then It must. It violated the FMLA if it has more than 50 employees. If it has more than 50 employees, file a complaint with the EEOC.
Answered on Feb 19th, 2014 at 3:47 AM