Employer Threats And Disability

Summary

In Kentucky, employers must comply with the ADA, which protects employees from discrimination due to disability. Even if FMLA doesnt apply, employers cannot demote or terminate employees solely based on disability or illness. Consulting a labor and employment attorney is advisable for specific advice.

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My employer is constantly threatening termination or demotion with loss of pay
Hi ****, I'm sorry to hear about your situation. Can you tell me more about the reasons your employer is giving for these threats? This information will help me provide you with the most relevant legal information for your circumstances.
I am in management in the state of KY. I have missed some time due to the flu, covid, strep throat. I have always had a doctors note, but he doesn't always accept them. I have herniated disk in my back and I was unable to get out of bed for 2 days. I went to work on the third day in extreme pain. He told me I needed to perk up and speed up and stop acting so crippled. He then told me that if he could demote me and take away my money at any time. He will only accept the original doctors note, but if circumstances change and the note needs to be ammended, he will not accept the amended note.
I'm sorry to hear about your situation, ****. In Kentucky, employers must comply with the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). These laws protect employees from discrimination or unfair treatment due to disability or serious health condition. Here's what you need to know:
- Your employer cannot demote or terminate you solely based on your disability.
- If you have a qualifying condition, you may be eligible for job-protected leave under FMLA.
- Your employer must make reasonable accommodations for your disability, which can include accepting amended doctor's notes.
Please consult with a labor and employment attorney for more specific advice.
He says he does not provide FMLA
I'm sorry to hear that, ****. In Kentucky, any employer with * or more employees in * or more work weeks in the current or previous year must comply with FMLA. If your employer falls under this category, they are legally obligated to provide FMLA leave. Consult with a labor and employment attorney for further assistance.
We are a small company and do not have * employees, so I guess that means he can treat us however then
I understand your concern, ****. Even if the FMLA doesn't apply due to the company's size, the Americans with Disabilities Act (ADA) and Kentucky's state laws still protect you. Employers cannot demote or terminate employees due to disability or illness. It might be beneficial to consult with a labor and employment attorney.
Ok thank you, this has been very helpful
You're welcome, ****! I'm glad I could provide some information. If you have any more questions or need further assistance in the future, don't hesitate to reach out. Good luck with everything.