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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4886
Experience:  Extensive experience representing employees and management
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I am bipolar and have ptsd. Several times now my boss has

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I am bipolar and have ptsd. Several times now my boss has yelled at me telling me i make too much, that i may loose my job. His most recent affront was the worst yet in which he told me that my co-workers thought mywork was sub-standard ( i asked them and they replied that i in fact did great work) and was so verbally abusive that one of my co-workers said she jad to leave as she couln't stand to hear his affront on me. Presently I am on 2 month medical leave of absence. Can I ask to be put in a different department upon my return? My psychiatrist thinks it ewould be too much stress me to return under this person. Thanks.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I am sorry to hear about your situation and hope I can help.

I have a couple of questions before I can answer your question?

Is your boss ware that you are bipolar and have PTSD?

Are you currently on FMLA leave or any other form of protected leave, or just a medical leave of absence from your employer?

How may employees does your employer have?

Customer: replied 1 year ago.

I am currently on FMLA leave and have been for one month. (My doctor recommends at least 2 months of leave time.)


 


In a previous incident (not the only one) my boss told me that three VP's were "deciding my fate" (I can include details but he left this question open for two weeks which was very stressful and I had to ask him if they had ever decided) he did the same thing. I was very upset, left his office and the next day went back to him and told him that I had PTSD and that when he yelled at me it triggered me and was very upsetting. (Each time this has happened I have broken down and had to leave his office.) In this last incident I completely lost control, grabbed my bag and left for home. (My doctor calls it a "flight or fight" type of response.)


 


He has also tells me things like I am 100% responsible for my studio when on vacation and excessively blamed me for another employee's mistake while on vacation.


 


I'm not sure how many employees but I work for Mattel Toys and have been a diligent employee for 25 years, I am 56. Have received many peer to peer awards for reaching out to other departments to help.


 


May I also ask if I find a job during my leave do I have to pay back the payments I have received?


 


Honestly, this is a very hard situation for me, I am not a slacker and sitting at home worried sick about all this does me no good.


 


Thanks for your time.

Expert:  Joseph replied 1 year ago.
Hello William,

Yes, you definitely can request to be put in a different department when you return from work as a reasonable accomodation for your disability (bipolar disorder and PTSD).

If your employer refuses to make an accomodation for you, it would either have to prove that it creates an 'undue' hardship for them or they would be liable for discrimination on the basis of disability in violation of the Americans with Disability Act and Fair Employment and Housing Act.

Additionally, since you are 56, you also may have a valid cause of action for age discrimination as well.

You can file a complaint with the Department of Fair Employment and Housing using the forms available online here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

In response to your additional question: no, you would not be responsible to pay back the payments you received. You would only not be able to collect payments once you started your new job.

However, I would suggest that you wait to come back to see if your employer can accomodate your request for accomodation before searching for a new job.
Customer: replied 1 year ago.

Thank you so much!


 


May I also ask does the request for accommodation have to come from my doctor and if things don't work out and I need an attorney would you be available? I live in El Segundo where Mattel is based.

Expert:  Joseph replied 1 year ago.
No, the request for the accomodation doesn't need to come from a doctor, although it doesn't seem that you'd have any problem getting your doctor to support that request for accomodation.

Unfortunately, JustAnswer experts cannot represent any clients due to the rules of the site, so I couldn't represent you if this doesn't work out.

You can find attorneys online here though to take your case:

www.lawyers.com

www.avvo.com

www.martindale.com

I suggest you hire an attorney on a contingency basis, so you only have to compensate the attorney if you receive a settlement or a verdict in your favor.
Joseph, Lawyer
Satisfied Customers: 4886
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you

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