Legal Question in Disability Law in Washington

Hello;

I have an approved FMLA with my employer. I recently missed 2 weeks of work due to multiple medical procedures, including time in the hospital and recovery. During my time out I stayed in daily contact with my supervisor and made sure everyone was up to date on my status.

Before my illness I was in a position of leadership reporting directly to the supervisor. Upon my return my supervisor has removed ALL of my responsibilities, eliminated my "lead" position and hasn't given me any work to perform. She has basically moved me from The Lead to the bottom of the line with no responsibilities and no duties except to "float" and help other people.

I do not have any medical restrictions and my supervisor is aware of this. I feel that the only reason I am no longer in my position is completely due to my illness. I feel that this may be a violation of the ADA. What should I do next? Is this claim valid?


Asked on 8/03/09, 11:19 am

1 Answer from Attorneys
Ann Sattler Aiken, St. Louis & Siljeg, P.S.

Your claim sounds valid because you should be put back into a substantially equivalent position upon your return. I would encourage you to contact an employment attorney. We have a very experienced one at our firm (25+ years) so feel free to contact me and I'll get you in touch with him.

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Answered on 8/14/09, 1:09 pm


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