Legal Solution
The response provided below is specific to employment discrimination attorneys in the jurisdiction of Birmingham. If the response is inadequate, please submit a detailed inquiry.
Legal Review: FMLA Rights and Termination Concerns
Contextual Understanding
The situation revolves around an employee who started working for Landscape Associates in Bessemer, Alabama, in December 2014. The employee reported regular overburden of duties, and by April, developed medical issues related to the hands. Medical leave was granted, followed by intermittent leave with some work restrictions. After a short return to work, management expressed concerns about the employee's capabilities and subsequently terminated the employment in October 2017.
Relevant Legislation
- Family and Medical Leave Act (FMLA): Provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year, and requires that the group health benefits be maintained during the leave.
- Americans with Disabilities Act (ADA): Protects employees from discrimination based on disabilities and mandates reasonable accommodations for those disabilities.
Links to the relevant laws:
Potential Solutions
There are several steps you can consider:
- Consultation: Before taking any legal action, it's crucial to find the right lawyer who specializes in employment discrimination. They can provide you with advice tailored to your specific situation.
- Gather Evidence: Ensure you have all necessary documents, including medical records, FMLA approvals, and any correspondence with your employer regarding your medical conditions and leave.
- File a Complaint: If you believe your rights under the FMLA or ADA have been violated, you can lodge a complaint with the U.S. Department of Labor or Equal Employment Opportunity Commission respectively.
- Explore Mediation: Before heading to court, consider mediation as a way to resolve the dispute amicably.
Estimated Rates for Legal Services in Birmingham
Seeking Clarifications
To better assist you, could you provide more details about any conversations or official correspondences you had with your employer regarding your medical conditions and the termination? This will aid in understanding the full scope of your situation. For a detailed discussion, feel free to ask a free legal question.
Relevant Questions
- Documented Communication: Did you receive any written communication from your employer about your performance, limitations, or the reason for termination?
- Colleague Testimony: Were there any colleagues who witnessed the increased workload or the interactions with management regarding your medical conditions?
- Medical Records: Do you possess comprehensive medical records, detailing the nature of your condition and the recommended limitations?
Remember, understanding the nuances of your case can significantly influence its outcome. It's always advisable to compare lawyers in your area to ensure you get the best representation for your specific needs.
Disclaimer
This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.
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Legal question "What are my rights regarding fmla and being terminated" has been changed
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