Legal Question in Disability Law in Virginia

Termination if not healed in by December 06

I have tendnonitis in my achillies tendon. I was put on restricts at work in April 06. I have been working and not missed a days work. On 8/28/06 I was given a restriction to sit for 30 days at work which the state employer I work for would not honor and forced me out on short term disability. My current Dr. visit concluded that the doctor wants me to not stand or walk for more than 15 minutes at a time until next month. i just recieved a call from short term disability that they were going to back date my accomodation time to July because I was only parttime prior to that and since they have accomodated me for 2 months already that if I am not completely healed by December 06 that I will be terminated from employment. My doctor has never said I could not work, others in my work unit have simular restrictions that keeps them from doing duties that they were just like me and they have been allowed to sit or not perfrom certain jobs at all. My boss told me a few days before I went on my restriction that he does not like me personally because I reported that he wasn't following HIPPA policy. They say that I am not protected under the FMLA. I feel like I am be discriminated against. I need low cost help.


Asked on 10/09/06, 4:35 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Termination if not healed in by December 06

You would appear to be well advised to arrange for a consultation with an attorney familiar with Virginia labor and employment law issues. If you cannot afford to pay for such a consultation on your own, one of the low cost legal services providers in your area may be able to assist you in this matter.

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Answered on 10/14/06, 3:17 pm


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