Legal Question in Employment Law in Georgia

Fired from job - this month had several medical tests to check for cancer and now without job- owner said did not make sales- this is first month with low sales- do I have a case to sue?

Asked on 1/30/19, 11:31 am

1 Answer from Attorneys

Lisa Golan Lisa B. Golan, Attorney at Law

The answer depends on whether you were eligible for Family and Medical Leave Act (FMLA) leave, what you told your employer about your need to be absent for medical testing, whether your lower sales were the result of absences that should have been FMLA eligible, and whether other employees with similar sales histories were treated the same or differently than you.

Under the Family and Medical Leave Act employees who work for an eligible employer (one with 50 employees within 75 miles of their workplace), and who have been employed by that employer for 12 months over the last 5 years, and have worked 1250 hours within the last 12 months are eligible for up to 12 weeks of job protected leave per year for a serious health condition. If an employee gives an employer sufficient notice that the reason they need leave might be for a serious health condition as defined by the FMLA, then the employer cannot hold the use of leave against them in evaluating their performance. In other words, if an employee were absent for 5 of 20 work days in a month they can only be required to meet 75% of their sales goal -- proportional to their time at work.

In addition, under the Americans with Disabilities Act (ADA), an employee is entitled to reasonable accommodations for disabilities and cannot be discriminated against because an employer regards them as having a disability.

You should consult with an attorney to determine if your facts provide you with a potential claim under these laws.

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Answered on 2/04/19, 7:08 am

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