TLDR: my firm is firing me bc I got injured, became disabled, and can’t work full time yet; need advice on talking to recruiters & ideas for a career path

Last year I had a fall & severe TBI, and my doctors are firm that I am unable to work full time because of my condition, but I am on a treatment plan that will allow me to return to full time by the end of the year. My firm has been gracious with leave & accommodations until now. I hired counsel and she said I have no legal rights under ADA

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You should focus on getting better if you had severe TBI. You’ll be able to have a recruiter explain to firms why you had to take time off.

likehelpful

I’m still waiting for a decision on my LTD claim, which could help, but I’m alone & have been living off savings since August, so I think I will need at least a part time job to help with bills

Could you do a contract gig like DWTSurge for a while? And then kick the search into gear once you’re healed?

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The lawyers protect their own. They could care less about you and healing, is more about the hours you bill. I just got fired yesterday.

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Start your own firm…
That’s what I did and it turned out to be extremely successful…
You don’t have to work for other others…
Let them work for you 🙌

likesmart

What kind of firm?

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I don’t know the specific facts of your circumstance. But from what you’re describing alone, your counsel may be overly conservative or simply incorrect. In California at least, and I believe under federal counterpart cases interpreting the ADA, if a leave of absence would be reasonably likely to allow you to return to work at full capacity by conclusion the leave must be granted unless it’s an undue hardship/it’s not for an unreasonable amount of time.

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Yeah, you should talk to another lawyer. I’m not an employment lawyer, but this just sounds really wrong to me, and I’d definitely get another opinion. Most firms allow reduced schedule employees. A firm can’t say that full time hours are an essential job requirement if they let people voluntarily go to a reduced schedule. Plus, if they’ve allowed a reduced schedule for you as an accommodation until now, it seems like they shouldn’t be able to backtrack and say that full time is an essential job function.

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or FMLA because full time hours are an essential job function. Should I start looking for a job that offers part time legal work with the option to increase to full time? Or should I wait until I’ve healed enough that I can work full time? How do I explain this situation to a recruiter and in interviews?

Many thanks in advance for your advice!

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Have you already maxed out FMLA and short term or long term disability benefits, including anything offered by your state? I’ve been in your spot and it was really hard going back to work while recovering from a TBI. I eventually found a firm that lets Associates choose their billable with a minimum of 1200 and max of 2000 which helped tremendously. Is it possible you could manage a 1200 hour track which may still qualify as more than part time?

I’ve heard everything from “you’ll be back to normal in two months” to “you’ll never fully recover from this.” And no, I have been on an hourly rate & without benefits since mid January, and they said this arrangement is an undue hardship on the firm… my options are full time or “short leave” until I can return full time.

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