Legal Question in Disability Law in Georgia

Can an employer fire an employee because that employee has an injury that prohibits the person from performing the required tasks?

Asked on 6/26/10, 2:16 pm

1 Answer from Attorneys

Gregory Fidlon Law Offices of Gregory R. Fidlon, P.C.

The Americans with Disabilities Act (ADA) requires employers with more than 15 employees to provide reasonable accommodations, upon request, to enable employees with disabilities to perform the essential functions of their jobs. If the disability prevents the employee from performing such duties, with or without an accommodation, the employee is not "qualified" to perform his/her job and may be lawfully terminated for that reason. That being said, if the condition is temporary and the employee is likely to be able to recover and perform his/her job duties in the future, the employer may have a duty to provide the employee with a leave of absence. The Family and Medical Leave Act (FMLA) applies to employers with 50 or more employees at the job site or within a 75-mile radius and provides eligible employees with the right to job-protected leave of absences for serious health conditions. I would encourage you to consult with an attorney, such as myself, with experience at handling disability and medical leave issues in Georgia. If you are interested, you may contact me using my profile information below for a free consultation by phone.

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Answered on 6/26/10, 5:28 pm

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