Q: Is my employer retaliating against me or doing anything else that is unlawful?
A: Your post seems to come from Florida, we have different laws in CA, but you are covered under the ADA, everywhere. It is very difficult to respond to your inquiry because you do not say whether you can perform all the essential functions of the job with or without a reasonable accommodation, and your post seems to indicate that you cannot. In order to be a covered "Qualified individual with a disability" you have to be able to perform all essential functions of the job with or without an accommodation. If you can do this, then you are covered by the ADA. You do not say what the disciplinary letters were for. Just because you put in an ADA accommodation request, or file a WC claim does not put you into a "safe harbor" such that you cannot be subject to regular discipline, unrelated to your condition. However, if you are being disciplined because you were requesting an accommodation or because you filed a claim, this is prohibited by law. So to respond to your question "Is my employer retaliating against me?" the answer is MAYBE. You should consult with a local attorney in the state where you are employed about employment discrimination under the ADA.
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A: Assuming you are asking about California law, there is not enough in your post to know if your employer is violating the law or not. Far more needs to be known. However your post suggests your next move should be to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
Nancy J. Wallace agrees with this answer
A: You need to contact an Employment Discrimination Attorney who handles claims under the Americans with Disabilities Act (ADA) as soon as possible. You also need to be sure that you contact an attorney who handles Workers Compensation Claims for Assistance. There are provisions in both of these important areas of law that can protect your rights to employment, and help you in requiring your employer to consider and negotiate with you for an Accommodation for your Disability, so that you can continue to maintain your employment. I usually will bring cases like this to the Federal Equal Employment Opportunity Commission, which can assist you in processing a Federal Employment Discrimination Claim. Please retain an attorney at your earliest convenience who practices in the area of Employment Discrimination Law. In some cases, the California Department of Fair Employment and Housing can be another agency that can help you. Especially in these hard times you should make every reasonable effort to preserve your employment. Susan G. Cohen, Esq. - Sacramento California Employment Law Attorney.
A: Attention: You should not rely on the advice of any lawyer from California to help you with your issues, unless that lawyer is also admitted to practice in Florida. Each state has its own Worker's Compensation laws, which could impact you and/or your claims, if any. Seek the advice of Florida lawyers. You need a good Florida lawyer who has experience with both worker's compensation claims and disability claims under the American's With Disabilities Act (ADA).
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