I'd like to ask you about my relative;s situation:
She's was let go as a nurse in a hospital after having a surgery. She was asked to report after 30 days or so after the surgery, otherwise, she will lose her job. Since she's still not well after that time, she lost her job , now without health insurance. Can you help on this case? Thank you.
1 Answer from Attorneys
The employer may have violated the Americans with Disabilities Act. This will depend on a number of factors first and foremost whether your cousin's condition qualifies as an ADA disability. With recent amendments to the Act, many conditions and impairments are considered disabilities. Once it is established if she is disabled within the meaning of the ADA, an inquiry must be made into her essential job duties and whether a reasonable accommodation could've been made (continued leave of absence, job duty modification etc). This is a complex and technical inquiry. Here is a link to more information. This is a case I litigated: http://www.govdocs.com/interactive-process-reasonable-accommodation/
Your cousin would be well served to contact a qualified and experienced attorney in this area.