Legal Question in Disability Law in Illinois
Forced Disability Termination following request for Accomodation
I have Crohn's Disease which has caused several long term absences as well as many short ones. Following my last disability due to complications of my Crohn's, I was on intermittent leave and asked for accomodation to work at home when my disease required me to be close to a bathroom. This accomodation was denied due to ''data security'' issues and my employment was terminated shortly following. My superior now states that it was due to ''performance'' problems which, to my knowledge, only appeared following my requests. At the time of my termination I was placed on 30 days ''administrative leave'' and was told specifically that they would do so to give me the time to apply for disability benefits. While I appreciate the offer to ''retire'' early with guaranteed income, I will ultimately loose my insurance benefits and pension. I want to file a claim with the EEOC but am fearful that I will loose my entitlement to disability benefits. The largest potential problem is that I was employed by a large, well respected, law firm in Chicago which is also known for it's employment law practice group. Any suggestions or advice?
2 Answers from Attorneys
Re: Forced Disability Termination following request for Accomodation
I hope the answer I will give may provide some guidance.
It is very important that you seek to retain an attorney in your area as soon as possible to ensure that your legal rights are protected. There are time limits connected with filing an EEO complaint and if you do not act in a timely fashion, your rights could be negatively affected.
As a first step, I would suggest you contact the local bar association for the county in which you are located (i.e. would this be Cook County?) You want to see if you can find an attorney or law firm which specializes in employment law and/or disability law, and which does Plaintiffs' work.
Your local bar association should have a list of attorneys who specialize in various areas. You can also probably get other leads through the bar association.
Re: Forced Disability Termination following request for Accomodation
I recommend you read Your Rights In The Workplace by Nolo Press which can be found at your local library or can be purchased here: http://www.affordablelegalsolutions.com/Employment_law.htm (cut and paste in your browser)
It contains valuable information on what your rights are in an ADA claim and also applicable time frames for filing your claim. It's the most user friendly book I've found targeted for the general public and can be of great assistance if you decide to pursue this matter.
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