Frequently Asked Questions

Feldman, Fox & Morgado PA

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Frequently Asked Questions

§ What is ERISA & what does it typically govern?

§ Do I need a local attorney to represent me in an ERISA case? Do I need to go to court?

§ Who is an ERISA fiduciary, and what protections do the ERISA fiduciary rules provide?

§ What is a Summary Plan Description (better known as SPD)?

§ I have been denied long-term disability benefits. What do you need to review my case?

§ What is an Employee Stock Ownership Plans (ESOP)?

§ What is The Family Medical Leave Act?

§ Do I qualify for 12 weeks of unpaid leave under the FMLA?

§ What is the Americans with Disabilities Act (ADA)?

§ When is cancer a disability under the Americans with Disabilities Act?

§ Does the American with Disabilities Act prohibit retaliation in addition to discrimination?

§ What is the first step in fighting discrimination under the American with Disabilities Act?

§ What employers are covered by title I of the ADA, and when is the coverage effective?

§ What practices are covered by the employment nondiscrimination requirements?

§ Who is protected from employment discrimination?

§ Who is a "qualified individual with a disability”?

§ Does an employer have to give preference to somenone with a disability over others?

§ What limitations does the ADA impose on medical inquiries about disability?

§ When can an employer ask an applicant to "self-identify" as having a disability?

§ Does the ADA require employers to develop written job descriptions?

§ What is "reasonable accommodation?"

§ What are some of the accommodations applicants and employees may need?

§ When is an employer required to make a reasonable accommodation?

§ What are the limitations on the obligation to make a reasonable accommodation?

§ Must an employer modify existing facilities to make them accessible?

§ Can an employer be required to reallocate an essential function of a job ?

§ Can an employer maintain existing performance standards for an ADA employee?

§ Can an employer establish specific attendance and leave policies?

§ Can an employer consider health and safety when deciding whether to hire an applicant?

§ Are applicants or employees who are currently illegally using drugs covered by the ADA?

§ Is testing for the illegal use of drugs permissible under the ADA?

§ Are alcoholics covered by the ADA?

§ Does the ADA override Federal and State health and safety laws?

§ How does the ADA affect workers' compensation programs?

§ What is discrimination based on "relationship or association" under the ADA?

§ How are the employment provisions enforced?

§ What financial assistance is available to make reasonable accommodations ?

§ What are an employer's recordkeeping requirements under the ADA?

§ Does the ADA require that an employer post a notice explaining its requirements?

§ Does Florida have a law governing unfair business and trade practices?

§ Who may sue as a “consumer” under the Florida Unfair Trade Practices Act?

§ What am I entitled to under the Florida Unfair Trade Practices Act?

§ When can I pierce the corporate veil?

§ I am receiving long-term disability benefits, but I need an advance payment. What can I do?

What is The Family Medical Leave Act?

unfair business and trade practices


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