Disability Discrimination ADA/ FMLA Claims and Counseling
The Family and Medical Leave Act (FMLA), applies to companies with 50 or more employees. An employee who has been employed for a year, working the requisite number of hours, may be entitled to take up to 12 weeks of unpaid time off, if the employee or a family member suffers from a qualifying health condition. The FMLA prohibits retaliation for taking protected leave. Retaliation includes firing, demotion, or other adverse employment actions. FMLA leave can be intermittent, as needed, or ongoing. Faulkner Law Offices has decades of experience in evaluating and resolving these claims. We are ready to sit down with you and learn about your situation to give you an honest assessment and advise you on what steps to take next if you are faced with a medical leave issue.
The Americans with Disabilities Act (ADAA) prohibits discrimination against employees with disabilities. The prohibitions against discrimination of qualified individuals with disabilities includes hiring, firing, advancement, compensation, job training and other terms, conditions and privileges of employment. Under the ADA, an employer may be required to provide a reasonable accommodation to assist a qualified applicant or employee with a known disability if such would not impose an undue hardship on the business. A reasonable accommodation is an adjustment or modification to enable the disabled individual to enjoy equal employment opportunities. Faulkner Law Offices has handled hundreds of ADA claims both for employers and employees and is well versed on the complex evaluation and analysis required to determine whether an individual is a qualified employee and whether a reasonable accommodation is required. We regularly counsel employers regarding workplace obligations to proactively avoid claims and resolve ADA challenges. We also regularly represent disabled individuals negotiating resolution of their claims and, if necessary, through aggressive litigation.