Representation / Medical / Sick Day Retaliation Representation
Representation · Medical

Sick Day Retaliation Representation

When time off is tied to a disability or serious health condition, leave can be a reasonable accommodation under the ADA — and punishing you for it may be unlawful. If you were disciplined or fired over medical absences, Thurgood represents employees in these claims, without the cost of a law firm.

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We match your story to the statutes Speak with an associate if approved
What it can look like

Signs of sick leave retaliation

Where absences are connected to a health condition, certain employer responses may be unlawful:

  • Disciplined for medical absences

    Time off tied to a condition was counted against you under an attendance policy.

  • Leave as accommodation denied

    A request for time off to manage a disability was refused.

  • Fired after a flare-up

    Termination followed a period of condition-related absence.

  • Pressured to disclose

    You were pushed for medical details beyond what’s allowed.

  • Retaliated against

    You were punished after requesting accommodation or complaining.

Not sure if what happened counts?

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What we do — first

We negotiate a settlement with your employer

Settling directly with your employer is where we focus and where we specialize. Most matters can be resolved right here — privately, and faster than any filing.

  • Refine your story so it lands

    We help you shape what happened into a clear, credible account that translates to the people deciding your case.

  • Strategize the approach

    We read how the company and their attorney open discussions, and adapt our strategy to the way they negotiate.

  • Organize the evidence for impact

    We identify the documentation that matters most and arrange it for maximum impact to close a deal.

What we do — if needed

If we can’t settle, we file and represent you

When a settlement can’t be reached up front, we pursue an award through the agency — and stay with you through every step of that process.

  • Prepare your filing

    We convert your story and evidence into formal charge documents written to the agency’s standards.

  • Represent your interests with the agency

    We become your point of contact, handling communications and deadlines throughout.

  • Prepare you for the investigator interview

    We get you ready for the agency investigator’s questions so you can tell your account with confidence.

  • Prepare you for fact-finding conferences

    We ready you for the conference where both sides present their version of events.

  • Prepare you for administrative law hearings

    If your case reaches a hearing before an administrative law judge, we prepare you for that too.

The federal process

Filing a charge with the EEOC

Disability and accommodation claims are handled by the U.S. Equal Employment Opportunity Commission. The process generally unfolds like this:

Agency: EEOCDeadline: 180–300 daysCovers employers with: 15+ employees
  1. 01

    A charge is filed

    A formal charge is submitted to the EEOC, generally within 180–300 days of the act.

  2. 02

    Your employer is notified

    The EEOC notifies your employer and invites a written response.

  3. 03

    Investigation or mediation

    The agency may investigate or offer voluntary mediation to resolve it early.

  4. 04

    A determination is issued

    The EEOC issues findings and may pursue settlement where it finds cause.

  5. 05

    Rights are preserved

    If unresolved, the EEOC issues a Notice of Right to Sue.

The state process

Filing with your state civil-rights agency

Most states have their own fair-employment agency and disability law — often more protective than federal law, and reaching smaller employers.

  1. 01

    File with the state agency

    Many states accept charges directly through their own civil-rights agency.

  2. 02

    Dual filing preserves both

    A charge can usually be cross-filed to protect federal and state rights at once.

  3. 03

    Longer deadlines may apply

    Several states allow far more time than the federal 300 days.

  4. 04

    Broader coverage

    State laws often reach smaller employers and more conditions.

Agency vs. court

Two roads to an award

You don’t have to sue in civil court to be made whole. The administrative agency process can deliver the same kinds of awards — back pay, reinstatement, damages — through a different, more accessible path.

The agency process Going to court
Who decides A government agency investigator or administrative law judge A civil-court judge or jury
Who can represent you An authorized non-attorney representative Typically a licensed attorney
Cost to begin No filing fees — designed to be accessible Court fees, usually a contingency attorney
Typical timeline Often resolved through investigation or settlement Litigation can stretch on for years
What you can win Back pay, reinstatement, damages, policy change Back pay, reinstatement, damages

Both can result in a real award. The agency route is built to be reached without a law firm — which is exactly where Thurgood represents you.

Common questions

Frequently asked

When time off is a reasonable accommodation for a disability or serious health condition — the employer generally must allow it unless it causes significant difficulty or expense.

Not entirely. Applying a “no-fault” attendance policy to disability-related absences can itself violate the ADA.

Many states and cities require paid sick leave and bar retaliation for using it. We check what applies where you work.

Generally 180–300 days for federal ADA claims; state deadlines vary and can be longer.

No — Thurgood represents you before the agency without the cost of a law firm.

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