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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1836
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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mid-50s male diagnosed 3 years ago severe ADHD. 2 years ago

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mid-50s male diagnosed 3 years ago severe ADHD. 2 years ago spent 6 months getting slight schedule change via reasonable accommodations. The employer fought and delayed each step. There is no cost, no inconvenience to employer since I work behind the scenes and don't work with public or customers. Was recently told any request for renewal of that schedule would be denied. the RA they agreed to set me on a flex-schedule shifted to slightly earlier hours. As is required by their work rules, I submitted my request for a continuation of the changed schedule. Union collective bargaining agreement states management has 5 days to respond, and if they deny request for flex-schedule, it must be in writing within that 5 days, and must list the reasons. It was denied. I finally received the response not five (5) but 13 days later, the reasons were "per director's request" and "per new work rules". Union won't respond to my request for grievance - I believe I have basis for same due to multiple violations of the "collective bargaining agreement" (union contract), accommodation has been summarily dismissed as "not counting" or "doesn't matter". Filed complaint with civil rights locally but it seems no attorney around here wants to even talk about it except one, and they have stopped replying to me. Union won't help, can't find attorney who doesn't prefer representing the employer, unsure what to do. Employer has multiple staff, attorneys on staff and budget to fight back. I've got me, limited time, limited resources, and my disability which sets me back even further on fighting for myself.
Having Severe ADHD is a daily struggle on normal good days, now this all is making me physically sick, unable to function, stressed out to the point of hyperventilating and getting dizzy. There is noticeably different atmosphere and treatment at work since I filed complaint.
Suggestions?? "get an attorney" sure isn't working - no one is interested.
No wonder so few people fight wrongs - it's a stacked deck.
Advantage -> employer. (money, people, resources)
Submitted: 1 year ago.
Category: Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today. Are you online with me?

Employment-LawExpert :

Welcome to the chat

Employment-LawExpert :

I am terribly sorry that you are having to go through this. It is a shame when an employer feels that they can walk all over you just because they have the resources to do so. The good news, however, is that you do have a few options if you cannot find an attorney willing to help you in this matter. There is an organization called the EEOC (Equal Employment Opportunity Commission). This is a federal organization set up to investigate and fight for you on your behalf. If you make a complaint of discrimination based on your disability they would, for all legitimate terms, represent you. You can file a complaint here:

Employment-LawExpert :

That being said, your union should be doing a better job of representing you. If they are failing to abide by the collective bargaining agreement, then you should make a complaint to the NLRB (National Labor Relations Board). They will investigate if your union is not doing their job and rectify the situation.

Employment-LawExpert :

You can do that here:

Employment-LawExpert :

Of course, how to proceed is entirely up to you. If you have called less than 20 attorneys, you may still want to call a few more to see if one is willing to assist you in this matter. If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.

Customer:

Yes, I am here. I have filed with the state civil rights commission who has "parallel filed" (is that correct term?) with EEOC. I'm in process of responding to their multiple response forms. I understand their need for detail - it protects both sides rightly so, but I guess I'm so overwhelmed while they have multiple staff work on their defense in their work days (staff attorney and all)

Employment-LawExpert :

Just having multiple working does not necessarily mean that they will win. It simply means that they have the money to put up the best defense possible. This does not change the facts of the case, however. If there are witnesses, or if people are willing to admit that they are in fact breaking the rules, then the investigator will find this information.

Employment-LawExpert :

multiple people working, I meant to say.

Employment-LawExpert :

I understand your concerns, and fully appreciate that this would all be a little bit easier with the help of an attorney. There is always an attorney willing to take a good case such as this. The problem is in finding them. You may have to call 30 or 40 attorneys before you find the one that best suits your needs.

Employment-LawExpert :

In doing that, consider going to Martindale.com and typing in the search bar "Iowa Employment law" Then, on the left side narrow the search down further by clicking on the town in which you live.

Customer:

Thank you much for that link - the union part. I had no idea. I know there may be "reasons" they are not responding to my request, but it's been several days, and they balked at wanting to be involved suggesting "the chances of winning were slim". If anyone ever in any dispute assumed that, attorneys would soon be out of work (or maybe not!) I will contact them and ask their advice regarding the union side. I know, it's a simple thing, some say "it's so small, why worry about it", but that's part of the disability - the small things make a huge difference in my ability to get things done. I'm highly technical, skilled, a top troubleshooter and puzzle-solver, but the problem is a disconnect between knowing, and being able to do. Keeping me from distractions and out of heavy stressful traffic made a big difference in my work output and quality.

Employment-LawExpert :

This is why these laws exist. By allowing companies to break the rules, little by little, those rules become non-existent. I definitely understand where you are coming from here.

Customer:

Thanks for the Martindale link as well. In all of my searching, I've not seen that one, oddly enough.

Employment-LawExpert :

It is definitely the best place to start. Other attorney referral sites place attorneys on a list based on how much those attorneys pay. I have found that the more an attorney pays to be placed on a list, the less likely they are to act in the best interests of their clients.

Employment-LawExpert :

Martindale places attorneys based on the reviews of clients and peers. Thus, the likelihood of getting a great attorney is drastically increased.

Employment-LawExpert :

Have I fully answered your question today?

Customer:

We forget attorneys are real people, too. I of all should remember that, my wife's cousin was once part of this states attorney general office, and served under the county attorney as well, having his own practice when not otherwise involved.
Yes, you have been quite helpful - the suggestions of course, but just talking to you, a real attorney, has helped me feel better about things. You have really filled in some gaps and told me things I can use to help go forward. I really do appreciate it - and more than the facts you laid out, or suggestions, the personal contact and caring was huge. I can't thank you enough. This was worth every minute to me.

Employment-LawExpert :

I am glad that I could get you pointed in the right direction and help fill in some of the gaps. If you ever need to ask me questions again in the future please feel free to ask for me specifically here:

Employment-LawExpert :

If you need any additional help or have any additional questions, please do not hesitate to ask. If you do not need any further assistance, I would be grateful if you could provide a positive rating so that I may receive credit for assisting you today.

Employment-LawExpert :

I wish you the best of luck and hope that you have a wonderful rest of your day.

Customer:

Thanks. I appreciate the chat and help, and will handle the rating. Sorry for the pause, I was making sure I got those links saved! Have a great day where-ever you are as well!

Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1836
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 8 other Employment Law Specialists are ready to help you

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