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TexLaw
TexLaw, Lawyer
Category: Employment Law
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Experience:  Contracts, Wrongful termination and discrimination
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I was forced into a resignation four years after having my

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I was forced into a resignation four years after having my HIPPA, civil, sex and character deformation. They forced me into a resignation and that I could not change my mind. I developed severe PTSD as a result while still there have been getting treatment and my self esteem has gone up. I realize the unfairness of the situation and I want to overturn this forced resignation and go back to my passion as a School Counselor treating emotionally handicapped and developmentally disabled children. I have not worked since.
Submitted: 1 year ago.
Category: Employment Law
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question.

Can you explain what you mean by this more: "four years after having my HIPPA, civil, sex and character deformation"?

Why did they force you into resigning?

How long ago did this occur?
Customer: replied 1 year ago.

This occurred for years ago and have been recovering from Post Traumatic Stress Disorder since. They forced me into resigning because I asked for a a reasonable accommodation. I had knee problems at the time and by me asking they did not like it stepping forward and standing up for myself. This began three years of me fighting to keep my job while they made me sick.

Expert:  TexLaw replied 1 year ago.
So, if you were forced to resign 4 years ago, is the only reason you have not done something about this sooner is that you had PTSD?
Customer: replied 1 year ago.

yes i got very sick from the fighting the battle with them. Lost my self esteem, self worth etc..

Expert:  TexLaw replied 1 year ago.
The problem you will face here is that the statutes which provide you with protection from retaliation for filing an FMLA request and the other forms of discrimination you are asserting requires that you bring the claim within a year of the event triggering your right to bring the claim. This is called the statute of limitations, and it bars your right to bring the claim.

You might be able to argue that your PTSD incapacitated you and stopped the statute of limitations from running. However, this is going to be a very hard argument to make, because incapacitation arguments are reserved for those who are found to be legally incapacitated generally (i.e., they are either completely unconscious, or have no ability to act on their own will).

Your first step is going to be filing an EEOC claim against the school, as you have to obtain a right to sue letter before you will have the opportunity to file a lawsuit and request reinstatement.

The EEOC may be contacted by calling the local field office. You can find the local field office at www.eeoc.gov/field/

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4164
Experience: Contracts, Wrongful termination and discrimination
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