Legal Question in Employment Law in Georgia

Re: Getting pushed out of a department due to illness.

From the information contained in your post, it is difficult to tell if you would have any recourse. There are two possible federal statutes that might apply: the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Under FMLA, if your employer is covered under the act (generally over 50 employees within 75 mile radius of where you work) and if you are an eligible employee (generally if you have worked for the company over a year and worked over 1250 hours in that year), the employer must allow leave for various things, including for a serious medical condition. When you return, in most situations, you should be put back into the same or a similar job. There are a number of factors to consider as to whether or not you would be covered under FMLA, and an attorney should be able to guide you through the maze. Under the ADA, if your company is covered, you should be given reasonable accommodations to perform your job if you are disabled under the act. Again, there are a number of factors that will determine whether or not the ADA applies in this case. On the other hand, a company is not required to treat employees covered under the FMLA or ADA any differently than other employees in the case of, for example, a restructuring. You should probably meet with an attorney to see if you have any recourse.

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied. I recommend that you speak with an attorney of your choosing before taking legal action.