Legal Question in Employment Law in Florida

Re: Employment

Even though you no longer have protections under the FMLA, you may still may be entitled to a reasonable accomodation and other protections under the Americans with Disabilities Act (�ADA�) and/or its state-law counterparts (Ohio law nearly mirrors the ADA but does not have a state law versision of the FMLA; Florida may also have laws similar to the ADA and may or may not have its own version of the FMLA). Much more information is necessary to make that detemination. Additional information is also required to determine, if a lawsuit was filed, whether it can be filed in Ohio and whether Ohio or Florida law would apply. To the extent Florida�s venue and jurisdictional laws are similar to Ohio�s, suit could certainly be brought in Florida. While you may prefer action to be taken in Ohio given your location, you should, nevetheless, consult with a Florida attorney as Florida law may be more favorable than Ohio law. Alternatively, you can file a discrimination charge with your local EEOC office free of charge with or without an attorney. The EEOC is a federal (nationwide) agency that enforces discrimination laws. If the EEOC determines that your charge belongs in Florida, I would expect that it would simply transfer your charge to the appropriate EEOC office in Florida for processing.

Re: Employment

You not only may have an FMLA or Florida Civil Rights Act claim since cancer is a protected disability, you have also have an FMLA retaliation claim. I handle quite a bit of employment law matters if you wish to speak further.

Re: Employment

You may have coverage under the American With Disabilities Act. An employer however, does not typically have to extend additional protection after the 90 days under FMLA. You may want to seek an attorney's advice who specializes in labor and employment law and disability law.