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Fired because of Crohns

Long story short, I was off work since April due to lots of testing and loosing 60lbs under the advice of my doctor I went on short term disability, ended up having surgery June 14th and had 2' of small intestine removed. Always kept in contact with my managers and HR on my recovery. On July 17th I went into work to talk to managers and find out what I would need from my doctor to return to work. I was set to go back 7/26. They said I need a doctors note.

Went to the doctors on 7/19 and got a note to return to work with a 20lbs weight restriction for the first 2 weeks then no restrictions. Called HR on 7/21 to also let them know. HR said she will have to call the managers to discuss my return. On 7/24 I received a text from the manager saying due to my health condition and talking to HR and with the weight restriction no need to come in on Tuesday and the HR is sending me a letter stating the company's position.

I received the letter yesterday and said due to my health condition and the weight restriction they are unable to accommodate me and they can not hold my job.

I called a couple lawyers and was told I had to go through an investigation process with the employment office. Went down and filed a complaint that they violated the ADA and retaliation suite. Which could take 6-8 months to complete.

They violated the ADA because they flat out refused me to return to work and provide reasonable accommodations. Remind you all I was asking for was a 20lbs weight restriction for the first 2 weeks.

DON'T let people push you around!! WE HAVE RIGHTS!!! In my 31 years dealing with Crohns I have never had this happen.
 
Oh I plan on it, the funny thing, there's no need to hold my job, I was willing to come back. I do maintenance for an apt complex. So in a day to day work there's nothing to lift over 20lbs. My manager and HR was always asking when I would return to work. Like they really missed me HAHAHA
 

my little penguin

Moderator
Staff member
Did you file for continous FMLA when you were first out ?
It can be filed and dated typically a few days after you started to need it .
I have done this with unexpected hospital stays for Ds .
Intermittent FMLA is good to have just for testing and doc appts

Good luck
 
Filed my complaint with the state, have to go through the state first before I can hire a lawyer and sue. Of course the company could settle out of court. I was told this process can take up to 6-8 months. Which I don't care how long it takes. Filed complaint for violation of ADA and retaliation. Not sure what will come of it but I did talk to a couple lawyers and between the text and letter they mailed me it is a clear violation. Hmmmm can you say 500K? LOL
 
Filed my complaint with the state, have to go through the state first before I can hire a lawyer and sue. Of course the company could settle out of court. I was told this process can take up to 6-8 months. Which I don't care how long it takes. Filed complaint for violation of ADA and retaliation. Not sure what will come of it but I did talk to a couple lawyers and between the text and letter they mailed me it is a clear violation. Hmmmm can you say 500K? LOL
Best to you
 
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