Legal Question in Civil Rights Law in Ohio

forced to take leave of absence

I was 27 weeks pregnant and worked in an assisted living environment. The chore of mopping twice a week was causing me bad lower back pain. My employer had asked me to retain a restriction from my doctor and acted as if they were going to adjust the cleaning schedule to work around the restriction as other employees were capable and willing to mop but two weeks after I handed them the doctor's restriction, they sat me down and said that there was not a position for me within their company with a restriction and that they wanted me to take a leave of absence. They already had someone hired to fill my place and now they are fighting my unemployment claim. Can they do this? Do I have a case here? Originally they told me to call them after I had my baby but yesterday I received a letter stating that if I cannot return to work in two weeks I will have to reapply for the position when previously they explained that the position was not open for me any longer. I need advice. What should/can I do?


Asked on 5/23/07, 1:51 pm

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: forced to take leave of absence

You need legal representation. Try to find a good workman's comp attorney who is ALSO conversant in FMLA and discrimination. You may need two attorneys to work together on this.

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Answered on 5/23/07, 3:11 pm


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