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Legal Counsel
Legal Counsel, Lawyer
Category: California Employment Law
Satisfied Customers: 103
Experience:  California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
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I am a contract worker, contingent. I am a employee (w2)

Customer Question

I am a contract worker, contingent. I am a employee (w2) of a agency. I was in a car accident and requested a computer chair prior to the surgery. They let me go immediately after the request when I returned to work and again requested my chair as I was unable to work in so much pain with the chair that I had. They had a doctors note for 1 year ahead. When I complained, via sending out a formal note, they fired me claiming "end of contract" I have photos of my workstation versus and employee workstation of the same surgery. I worked there for 8 years. I am a computer programmer. I offered to bring in my own computer chair, they denied it. I have nerve damage from the spine surgery, but I would have been able to work if I could of sat in a proper chair. My agency outright stated to me "we do not need to accommodate you and the company(an extremely large auto business) does not need to accommodate you, we can let you go for any reason as you are a contract worker" They abuse contract workers and offer them no reasonable accommodation, is there anyone that I could find to take this case?

Submitted: 2 years ago.
Category: California Employment Law
Expert:  Legal Counsel replied 2 years ago.

Legal Counsel : Hello. I am reviewing your question and will respond soon.
Legal Counsel : Labelling you a contract worker for the purpose of denying you rights under the Americans with Disabilities Act is an unlawful practice. If you were an employee of the agency, especially for 8 years (!) , they have the duty to accomodate you if you suffer from a serious medical condition recognized under the ADA, or they are required to make sure the company to which they contract you with accommodates your serius medical condition. You should consult with a California Employment attorney as soon as possible and tell him or her your situation. A good employment lawyer will know how to represent you. Please consult with one soon.
Legal Counsel : I hope I have answered your question to your satisfaction. If you beleive I gave you sufficient information to answer your question, please "Accept" my answer and rate my service to you. It is important to me that I provide you with excellent service. Thank you for allowing me to answer your question.
Customer:

Are there any references you can provide me with? This is a very large business and many lawyers may already be contracted by this company. The employment lawyers I have called have said right away, they do not deal with contract workers. Thank you for your assistance.

Legal Counsel : Please call your local Bar Association or local Lawyer Referral service and ask for a list of Employment Law attorneys. When you call the attorneys make sure you tell them that you are an emplyee of the agency, that you receive a W2 form and are considered an employee of the agency. Unfortunately, I cannot refer you to a specific attorney, because this is a public site and it would be a volation of the site rules as well a violation of your attorney client privilege. Please dont give up. California law does not allow agecny workers to be treated unfairly.
Legal Counsel : Please also check with the Equal Employment Opportunity Commission (EEOC) because as an agency woker, you also have rights against discrimintion under the ADA, Title VII, and the Equal Pay Act. These are federal rights that any good emplyment lawyer will know.
Customer:

thank you.

Legal Counsel, Lawyer
Satisfied Customers: 103
Experience: California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
Legal Counsel and other California Employment Law Specialists are ready to help you
Expert:  Legal Counsel replied 2 years ago.
Thank you so much for accepting my service. If you have any further questions please check in again and ask for me at JA as "Legal Counsel." I also want you to go right away to the federal EEOC office nearest you and discuss your case with them. They may investigate your case and also may know the names of lawyers that understand this area of the law. Best of luck.

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Legal Counsel
Legal Counsel
32 Satisfied Customers
California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.