Hello again. Thank you for your help previously.
I have some follow up questions pertaining to this same issue. I have sought legal counsel locally, but am having much difficulty securing an appointment over the holidays.
In summary, my case revolves around the following points:
1. I disclosed a disability twice, and received NO accommodation.
2. Weeks later, my supervisor threatened to withhold my paycheck if I had any unresolved contracts (I understood this to be monies earned, not pending monies). I learned that this had been done already to another employee. I felt this was an in- appropriate and illegal thing to do. I sent an email asking about the policy on this to the Director of HR (good friend of my boss). She copied my boss on her response, and 4 days later I was put on a PIP and given a written warning for "sig contract mistakes", "poor attitude", and 2 other actions that I had actually been given permission by management to engage in.
3. 2 weeks later, I was taken off the PIP. However, another 3 weeks later I was terminated for additional "performance" reasons that were frankly, flimsy and rediculous (I have documentation that supports the rediculousness).
4. I was told "this might not be the right job for someone with your disability", "you seem like you have a lot of problems", and "when you go to HR, you go over everyone's heads!"
5. I am very overqualified for this position. With proper accommodation, I feel like I could have done extremely well much sooner. However, I believe my immediate supervisor felt threatened by my experience and has taken every opportunity available to remove me.
I do not feel that I have recourse through the chain, as my supervisor, boss, boss's boss, and HR director are all close friends. I believe I was the victim of discrimination, retaliation, and hostile work environment.
1. I apparently have 5 days to meet with the Director of HR. Does failure to follow that protocol weaken any case I might want to bring forth? Could it be a leveraging point somehow? Would it be to my advantage to try to go to HER boss, or just leave them out entirely at this point and seek legal counsel?
2. If I were to somehow get my job back, how could I be protected from retaliation?
3. If I didn't choose to return to work, could I pursue damages?
4. Objective opinion: you obviously do not have all the facts, but based on what I've told you...as a lawyer would you consider this a compelling case to pursue, and if so, what would you seek as reasonable damages?
5. Does it matter that I was taken off the PIP (i.e., could my employer potentially argue that I was not terminated because of this?) I think it's important to note that the written warning was not withdrawn despite ADA rule, and was part of the 3-step process of termination. Also interesting...I was given a verbal warning...then a written warning for the same thing days later-despite no repetition of the behavior!
I am most concerned about the advantages/disadvantages of going through HR.
Thank you in advance!