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  • Who does Pond Lehocky assist?

    We assist clients who are victims of:

    • Wrongful termination, including discharge due to pregnancy
    • Discrimination, including gender, race, religion, age, disability, etc.
    • Americans with Disabilities Act (ADA)  issues, including failure to accommodate work restrictions and automatic termination policies
    • Family Medical Leave Act (FMLA) issues
  • What are my rights?
    • In any general discrimination case, employees must report the conduct. If an employee quits due to bad conduct, it makes the case much harder to litigate.
    • An employee cannot be terminated due to pregnancy.
    • Workers’ compensation does not excuse an employer from Americans with Disabilities Act (ADA) and Family Medical Leave Act (FMLA) violations.
  • How do I know I have a case under the Americans with Disabilities Act (ADA)?

    The employer must have at least 15 employees. Employer is required to provide ADA paperwork for a physician to complete regarding any accommodations an employee may need.

    • Employer is required to engage employees in the “interactive process” in identifying reasonable accommodations.
    • An accommodation cannot place an “undue burden” on the employer- the larger the employer, the less of an argument there is for this.
    • An unpaid leave of absence is a reasonable accommodation as long as it is limited in duration.
  • How do I know if I have a case under the Family Medical Leave Act (FMLA) case?
    • Employer must have at least 50 employees and employee must have worked for Employer for a year and for 1,250 hours within that year to qualify for FMLA leave.
    • Client must suffer from a qualifying injury. FMLA leave need not be consecutive leave.
    • FMLA leave can be intermittent, meaning that a client who needs to leave for physical therapy or doctors’ appointments or because of intermittent symptoms (good days/bad days).
    • FMLA protects position for three months of leave whether the leave is consecutive or intermittent.