Tomball, TX asked in Employment Law and Employment Discrimination for Texas

Q: I want to know if I have legal case for either undue stress, failure to accommodate, or constructive dismissal?

I submitted an ADA request for a 3 day a week with a part-time schedule to my employer signed by a doctor. I'm a 4x combat veteran and have a special needs newborn so I have to make it to appointments.

The employer received the request and approved 4 days based on my doctors suggestions. My schedule still shows 5 days per week and constantly changes daily. I reached out to the employer to ask why I was not involved in their decision, my ADA request was then suspended.

From my understanding, does the employer has an obligation to formally communicate with me. Also, what gives an employer to power to make a unilateral decision under ADA.

I reached out to the employer HR/ADA department 6 times to get an explanation or response with no luck because I cannot work since I do not have a schedule.

The situation has dragged on for 3 weeks with no resolution.

1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Employment Law Lawyer
  • Frisco, TX
  • Licensed in Texas

A: There is something missing in the way you have phrased your question.

What you wrote is that you submitted a request for an accommodation with a doctor's signature, and your employer approved it based on your doctor's recommendations.

That is a textbook example of an employer granting an accommodation under the ADA. It is exactly what the EEOC and court want to see.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.