Q: Can I sue under FMLA or ADA? Job description, duties & schedule changed after coming back from lung cancer surgery &
First day back after FMLA leave & lung surgery, brought into the front office and told I have no restrictions, job description changed, new duties & hours and double workload. Told I have to work with hazardous chemical even after I previously refused, due to past cancer. Walk farther to perform duties and lift heavy appliances, such as refrigerators by myself. "No help" was even emphasized. I always had help doing this. And doing another persons job of answering a phone line that rings all day long, leaving me no time to do my duties. I went back to work a day and a half and couldn't do their new duties. My breathing was very labored. I went to my doctors and now off another 4 weeks on FMLA. Could I sue now or do I have to go back to their hostile environment and get fired? Also could I sue now an then still end up on long term disability? Gave HR a letter asking for accommodations of doing all my old duties and parking in a handicap parking spot, since theyre only 4 customers
A: You may ultimately have claims under the FMLA and possibility for disability discrimination. It is critical that you consult with an experienced employment law attorney to review of all facts concerning your situation to develop a course of action. strategy while you are out on leave. Feel free to contact our office. Andrew Abramson
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