May15 th had heart attack ,had stint put in ,two mths later had heart cath,had to have triple bypass ,Fula all used up vacation time gone released to work with restrictions employer says no must be full release what is next they didn't state I was fired y

Employers cannot condition a disabled employee's return to work on a 100% healed or "no restrictions" requirement. The EEOC recently published Guidance explaining why such policies violate the Americans with Disabilities Act.

https://www.eeoc.gov/eeoc/publications/ada-leave.cfm

Employers must engage in the accommodation process with employees who have a disability to see if they can return to work with or without a reasonable accommodation. The employer might decide "no," the employee cannot return to work even with a reasonable accommodation, but the employer has to go through the process first, and then the employee can challenge that decision in court.

I recommend that you consult with an experience employment lawyer to develop a strategy around the accommodation process. If you would like to schedule a consultation with Elfvin, Klingshirn, Royer and Torch, call our Administrative Assistant at 216.382.2500.

posted by Neil Klingshirn  |  Sep 13, 2016 07:39 AM [EST]