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What are my rights regarding fmla and being terminated

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I started working on Dec 10th 2014 for a comany called Landscape Associates in Bessemet Alabama. For the better part of my first 2 years i was regularly made to do things outside of my normal duties. My workload seem to always increase to the point where i questioned if it was deliberate. I remained a good employee who came to work everyday and was on time. Around april i started to devolop noticable problems with my hands. After seeing 4 doctors and running test i was told i need to see a rheumatologist and got a referal. My doctor recommend not returning to work until i see a specialist due to the nature of my work. I checked available appt and mist were 2 to 3 months waiting period for new patients. My doctor informed me in family medical leave i got the forms frim my employer doctor completed and my leave was approved. I had a short term disability policy thr my employer that was also approved to help cover living cost while on leave. I spoke with my doctor and she released me on intermittent leave for the remaining 4 weeks and placed limations on my ability and my employer was made aware of limations prior to my first day back. I was back about 3 to 4 weeks and a member of managment areived at a project i was working on and informed me that they do not feel its safe for me to operate equipment due to my current condition and i was no longer able to proform and complete projects in a efficient amount of time due to my current condition. I asked for very reasinable help from my co workets to help to complete projects and was always net with resistance. I was terminated on Oct 10th 2017.

Commonly posted questions...

Photo of an office in Bakersfield with a desk featuring a nameplate that reads '30 years of service'. Adjacent to it, a younger employee's desk displays a 'New Hire' sign. Through the window, one can see a group of older employees leaving the building with boxes, while younger employees are having a discussion in the background. The atmosphere is tense, indicating the disparity between the two age groups and hinting at the underlying age discrimination issue. How to Prove I Was Let Go from My Job in Bakersfield Due to Age Discrimination?
1 year 5 months ago, employment discrimination attorneys, California

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

  1. 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.
  2. 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:

  1. 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.
  2. 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.
  3. 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.
  4. Explore Mediation: Before heading to court, consider mediation as a way to resolve the dispute amicably.

Estimated Rates for Legal Services in Birmingham

Type of Law Junior Attorney Cost Senior Attorney Cost
Employment Discrimination $250/hr $500/hr
Personal Injury $300/hr $550/hr
Family Law $275/hr $525/hr
Probate $260/hr $510/hr
Criminal Defense $290/hr $530/hr

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

  1. Documented Communication: Did you receive any written communication from your employer about your performance, limitations, or the reason for termination?
  2. Colleague Testimony: Were there any colleagues who witnessed the increased workload or the interactions with management regarding your medical conditions?
  3. 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 1 year 8 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Birmingham & area of law: employment discrimination attorneys.
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