Legal Question in Employment Law in Pennsylvania

You should talk to an attorney right away--for both the car accident and the FMLA problem. Feel free to call our offices: 267.639.3105.

I hope that you have an attorney to represent you for your car accident. If you do, you should confirm the followng advice with him. If you do not, and the accident was the fault of another driver, the condition of the roadway, etc, I encourage you to talk to a lawyer right away. Consultations in matters such as these are free.

If your accident occurred while you were in the "course and scope of employment," and you are collectiing workers compensation benefits, certain financial forces may lead your employer to offer you your job back in the future even though they have terminated you now. The Pennsylvania Workers Compensation Act, however, does not formally protect your job.

The FMLA does protect your job, but only for 12 weeks. Assuming your employer handled the matter correctly, it appears that the job protection it provides has come to an end. If everything has been handled correctly there is no "fight" to be waged under the FMLA.

There is another law that applies to disabilities, the Americans with Disabilities Act (ADA). This law requires "reasonable accomodation" of your disability. Depending upon your ability to perform some of your job duties at this time, you might be able to craft a request for reasonable accomodation. For example, if you can perform most of your job from home the reasonable accomodation might be allowing you to work from home for some time. Alternatively, if you just need a few more weeks to recuperate, an extension of your unpaid job protected leave might be requested as a reasonable accomodation.

If you are ultimately out of luck with the job, you can collect unemployment compensation only if you have the ability to perform some kind of work. You must be "able and available" to work. This does not mean your old job. It might be something different and easier that is within your restrictions. But, until a doctor clears you to do something, you will not be able to apply for unemployment compensation. Once the doctor clears you for the easiest kind of work, apply immediately.

You may or may not have an automobile claim due to questions of fault. Even if you do not, I would be happy to asnwer any additonal questions you might have with regard to issue of your job and strategies you might employ to try to keep it. If that is your primary goal, you need to talk to someone right away. My cell phone number is 610-213-0606.