Legal Question in Disability Law in Florida
Termination due to disability
On June 24, 2001, I was in a motorcycle accident. I was in critical condition, coma for 39 days-3 head injuries and a torn brain stem, in-patient for a month after that, and I had to go through therapy for 12 months after that. At first, I was on short-term disability with work, which only lasted 6 months. Then, I had to go on long-term disability, which was 1 year. They said that when you go on long-term disability, you lose your job. Because I wanted to keep my job, I tried to get the doctors to let me return to work in order to keep my job, but they would not realease me. I have tried over and over again to reapply to get a position at my old job, but they will not hire me back. In a way, I feel as though I am being discriminated against because of something that I could not control. Is there any way to fight for a position back at my old job?
1 Answer from Attorneys
Re: Termination due to disability
If there are positions open for which you are qualified and medically able to perform, then the employer should consider you for them. If they do not, then you might have a disability discrimination claim.
I would need more information before I could say whether it is worth pursuing. You can either call me for a free consultation or call the EEOC office which is where you could file your claim for free. (If you do file, you must file with the EEOC or a local human rights office first before going to court.) The Tampa area EEOC office is 813.228.2310.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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