Legal Question in Disability Law in Missouri

ADA Employer Violation

I suffer from heart disease and have experienced a stroke and 3 hospitalizations over the past 2 years. I recently was admitted to the hospital for 3 days and kept my employer advised of my condition. I was released from the hospital on a Friday and called the office on Monday to update my employer The following day on Tuesday I received a certified package containing my last paycheck and a Cobra Notice. There was no letter included pertaining to the cause of my termination. My question is this, isn't my job protected under the ADA? Would it be reasonable for my employer to expect me to return to work 3 days after a critical illness that required a recovery time long enough to at least be rechecked and released from my doctor to return to work? My employer has also cancelled my insurance right in the middle of a critical illness and without income; I cannot pay for my insurance or see my Cardiologist for post hospitalization follow up. My claim for unemployment has also been denied because my employer is claiming that I violated some unwritten unspoken policy regarding phoning in on a daily basis to tell them I would not be reporting to work. Where do I stand in this matter; in general terms?

Asked on 1/17/04, 9:03 pm

1 Answer from Attorneys

Robert Kornfeld Robert B Kornfeld, Attorney at Law, Inc., P.S.

Re: ADA Employer Violation

Yes you do have rights and they can't do that as you have 4 months per year under the FMLA.

Feel free to contact me at 1 800 282 4878 to discuss it.

Rob Kornfeld

[email protected]

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Answered on 1/17/04, 11:04 pm

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