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Disabilty rights

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berdonj

Member
What is the name of your state (only U.S. law)? Hawaii
I just wanted to know that can you file suit for your ex boss not allowing me to park in a disable parking when I have a disable parking card hanging from my rear view mirror? Then later down 1 and 1/2 years later from my knee injury while I was employed. My manager finally tells me, he just read my work restriction and he has no job for me. So, he lets me go from the job. Is this fair to do this to me? Can I or should I hire an lawyer against him? I was doing fine working. To let me go is very unfair.:(
 


pattytx

Senior Member
We have several different issues here.

First of all, we don't even know if the ADA applies. What exactly is your medical condition?

If the employer does not have a job in which you can perform the "essential functions", with or without accommodation, they don't have to create one, or fire someone else so you can have a different job.

Second, relative to the surgery issue, are there at least 50 employees at your job location or within a 75-mile radius? If no, FMLA is not a possibility and on to the next paragraph. If yes, how long have you worked there, will you have worked at least 1,250 hours in the 12 months before you have to go out for your surgery, and how much time have you missed for illness/injury in that same 12 months?

Third, why is he not "letting you" park in a handicapped space? Does he own the parking lot?
 

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