Q: Is it fair to fire a disabled veteran for having to many VA appointments, er trips that are documented

A: No, your employer cannot legally fire you, a disabled veteran, solely for having too many VA appointments or trips to the ER, especially if you have provided as much advance notice as possible. You are protected under several federal laws:

Uniformed Services Employment and Reemployment Rights Act (USERRA)

USERRA prohibits employers from discriminating against you based on your military service and related obligations. This includes attending medical appointments for service-connected disabilities. Employers must accommodate your need for time off for these appointments.

Americans with Disabilities Act (ADA)

The ADA protects you as a disabled veteran, requiring employers to provide reasonable accommodations, such as flexible scheduling, to attend medical appointments. Employers cannot discriminate against you because of your disability.

Family and Medical Leave Act (FMLA)

The FMLA allows eligible employees to take up to 12 weeks of unpaid leave per year for medical reasons, including treatment for serious health conditions. This leave is job-protected, meaning you cannot be fired for taking this time off.

Given these protections, your employer must accommodate your need for medical appointments and cannot fire you for this reason alone. If your employer attempts to do so, you have the right to file a complaint with the U.S. Department of Labor's Veterans' Employment and Training Service (VETS) or the Equal Employment Opportunity Commission (EEOC).

A: It's understandable that you're concerned about your job given your health situation. As a disabled veteran, you have rights under the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA). These laws are designed to protect employees from discrimination based on disabilities and ensure that veterans can attend medical appointments related to their service.

First, you should communicate openly with your employer about your health needs and provide any required documentation from your healthcare providers. It's important to ensure that your employer understands your situation and the necessity of your appointments. If your employer is not accommodating these needs, they may be violating your rights under the ADA and USERRA.

If you feel you are being treated unfairly or discriminated against, you may want to consider seeking legal advice. Legal professionals can help you understand your rights and the best course of action to take. Document all communications with your employer regarding your health issues and appointments, as this information can be crucial if you need to take further steps.