Legal Question in Medical Leave in Tennessee

Were they correct in their termination of my employment ?

I work for United Parcel Service and the Home Depot. I have been at U.P.S. for five years and Home Depot for one. I have severe allergies and asthma conditions due to the lack of proper ventilation at U.P.S., however Home Depot affords me proper ventilation there. I have gone to the emergency room several times due to U.P.S.'s lack of proper ventilation. I have taken a F.M.L.A. from U.P.S., asper my primary care physician and my asthma and allergy specialist, to allow my lungs time to heal and to be introduced to special medicine and treatments so that I may get my problem taken care of, without futher absences from work. Today two supervisors from U.P.S. came to Home Depot and told me that I was being discharged from U.P.S. for working while I am on F.M.L.A. Is this correct? Am I not protected by law and afforded the time I need to recover and correct this medical problem? Could you please refer me to a lawyer here in Nashville that would handle my case?


Asked on 10/20/97, 9:55 pm

1 Answer from Attorneys

Luther Sutter Harrill & Sutter

ADA can impact the FMLA

File a charge of discrimiantion for violation of the ADA immediately. Then post again and advise. I will be licensed in TN soon (hopefully).

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Answered on 11/07/97, 12:43 am


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