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Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3818
Experience:  Contracts, Wrongful termination and discrimination
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I have been employed with a School district since 2004. I

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I have been employed with a School district since 2004. I began working in the cafeteria. I incurred a brain injury from 1996-2002 after a fall. I began having seizures and many other things began to happen shortly after fall. After not knowing what I was doing I sat behind my husband car and he did not know and ran over me. My older daughter heard something and my husband got out of the car and could not get me out expect running over me again. After that incident in 2002, My psychologist committed me to Wichita State Falls Mental instustion. After spending a month there and Drs. saying I would not get better, I actually did recover. My Dr. Lisa Perdue told me not to ever allow myself to become depressed. Thererfore I started out working part time in the cafeteria at the district. I worked my way up, passing test that were required and achieved high scores. I then applied for a part time office job within the school office. I was hired as a part time attendance clerk. The next year I was hired as a full time Attendance Clerk. I did my job, by taking attendance daily, entering tardies, handling students personal records CUMS enrolling students and withdrawing students. I also had to balance School/State reports each six weeks. I did all this for four years without any mistakes in balancing, and other items. The first 2 yrs in the cafeteria and 1 yr part time in the office. I was then hired by a principal at an Elementary school.
This principal knew I had a disability, so she allowed me to have the office clerk help me with sending truancy letters, filing, and addressing envelops. When the old principal retired and the AP moved to another school. A new Principal, Assistant Principal and a new secretary came in, along with a new nurse. I was the one of the original staff in the office. Soon after the New Principal started she did not like the office clerk. She would take her in her office and scream at her and other things I am not aware of, finally the office clerk was forced to quite. Then it seemed as if the Principal started after me. I balanced the first six weeks along with all attendance issues, but needed help from the office clerk with filing, CUMS, and addressing letters . I had explained to the new Principal I had fallen several years and incurred a brain injury and would she mind if the office clerk could help me with filing, CUMS and sending letters. I was told NO I had to do everything on my own. I tried my hardest, but when the Principal, Asst. Principal began yelling at me in front of others, staff and parents in the front office, and the new secretary would run and tell on me if I needed to call my mentors, but she could call her family, friends, mentors this was hard for me. I was fearful everyday of going to work of being bullied, humiliated by the Administrators and being yelled at in front of staff and parents I had known and worked for under old Administrators for 4 years. A sub even came up and asked me who is yelling at you in front of all these people it was the new A.P. Things got worse daily. I would come home and my head began to hurt in the places it hurt when I fell, which had not happened for over 12 years. I also began to withdraw and have severe anxiety attacks. When I started passing out once I got home I became very concerned. My Dr. saw the depression and anxiety I was under and took me out of work 11-14-12. I was then told I needed to seek help from Phychologis. I did and this Dr. took me out of work for an indefinite period. My medical leave is up and the district wants me to resign. I feel that what was being done to me was wrong, because I did nothing wrong. I felt as if I was being beaten with a bat every day in my head from these people, being pushed around verbally, and being bullied daily in front of parents and staff. I went to help from Human Resources to be transferred to another school or take a part time job within the district and told NO. I would have to stay at the current school and do everything without help or I could be written up and then fired for not doing my job. I have never had anything like this happened and when I was told I was one of the best Attendance Clerks they had by my mentors and others, why would the Administrators be allowed to do this to any regular person, but one that had a brain injury baffles me.
I was sent paper work to sign to resign by Monday at noon, and I am not sure if I should resign, or should I let the district fire me. These Administrators bullied, intimidated(per Doctor) and did whatever they could to get me out. I thought people with disabilities had laws that protected them? I am not sure what I should do.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Zachary replied 1 year ago.

Hi,

Thank you for your question and I'm sorry to hear about your situation.

It is very likely that the school district is in violation of the Americans with Disabilities Act. As a person with disabilities, you are entitled to reasonable accommodations to help you do your job. Further, you are entitled to be free of discrimination at the work place based on your disability.

You should not sign the request for resignation. Further, I would talk to your physcologist about whether he/she would regard your mental depression and anxiety as symptoms of a mental stress induced work injury. I suggest that you file a workers compensation claim with the Texas Workforce Commission based on a "work induced depression and anxiety."

I also suggest that you submit a complaint for discrimination based on your disaiblity with the Texas Workforce Commission. You can find more information on filing a complaint at http://www.twc.state.tx.us/crd/how-submit-employment-discrimination-complaint.html#howSubmitComplaint

You ask whether you need to hire a lawyer. I think a lawyer would be a good idea in this situation because of the complexity of your pre-existing injury and I think it would be good to have an advocate help you along through the TWC complaint procedures I referenced above. Accordingly, I suggest that you contact a few "employment law attorneys" in your local area and get an appointment with them and see if they will take your case.

Please let me know if you have any other questions. Please also remember to rate my answer positively so that I am paid for my work on your question.

Thanks,

ZDN

Customer: replied 1 year ago.

Thank you for your advice. My Pychologists has already stated she would state that my re-occuring condition is based soley on my yhe work environment i was in. I was on disability during 1996 - 2008 I have reappplied for disability not knowing what to do.

Expert:  Zachary replied 1 year ago.

OK. I think you should get a lawyer and file those claims! The school district needs to be taught a lesson.

Good Luck and remember to rate my answer positively so that I may be paid for my work with you by the website.

Thanks,

ZDN

Customer: replied 1 year ago.

one more thing my husband work for same dist 21 yrs.Up for Engineer promotion and approved by Texas State board.should have recvd. months ago,very strange he is suppose to find out 3-1-12 after I sign resignation 2-25-12 with the same individual in Human Resources that is helping me. Seems like my actions will reflect on him and if I dont coorperate with district he will not get promotion? tks

Expert:  Zachary replied 1 year ago.

They could very well do that and if they did do that, he would also need to file a claim against the district with TWC based on discrimination.

Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3818
Experience: Contracts, Wrongful termination and discrimination
Zachary and 12 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you so much. Can you recommend a good lawyer in the Dallas Fort worth area. I will be rating your answers!!!

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