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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 88714
Experience:  20+ Years of Employment Law Experience
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This is ongoing dialog concerning my 34 year old son with Autism/Aspergers.

Resolved Question:

This is ongoing dialog concerning my 34 year old son with Autism/Asperger's. Works for company 17 years. Basically ignored request to transfer into different department in order to better his salary. After ten years I pushed the issue and he was indeed transferred, the store was not happy about it. Immediately upon transferring in became clear the store had it's agenda and that was to eventually fire my son with repeated write ups until the point of losing his job. I did not want this to happen and applied for STD/FMLA (instructed to do so by his Union Rep.). Store never made accomodations for my son to even provide him half a chance to succeed, he left a department which is hard to fill "Seafood" to a stocking position paying $2.00 hour more and most sought after by employees. Long story longer, store agreed to mediate following an EEOC complaint I filed. I decided to have my son represented and the mediation was two weeks ago and it did not go well. Three attorney's from the company were there and after providing mediator with settlement amount they left the building but stated to the mediator that they wanted it to remain at the EEOC level. What in the world is that about? Also his attorney is now suggesting that we apply for Worker's Compensation for him since he worked for 17 years and only after transferring and the immediate pressure was placed on him without consideration for his disability he had to be removed from workplace by his physician. His doctor has provided documention to support disability and it was indeed made worse by the workplace environment since his transfer to no avail. They state MetLife does not cover mental disorder's for STD/LTD. Is applying for workers compensation something I should help him do. He has not been paid since March 7th. Attorney looking into MetLife denial of claims and I am applying for SSDI for him so he has an income and when he returns to work it will be for 20 hours per week pending his physician releasing him back into that environment, which at this time he does not support even 20 hours unless or until we get this situation straightened out. Any thoughts, ideas or any info would be beneficial at this point.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working for you to provide you the information you are seeking.

If he is out of work, Ohio will accept workers compensation claims for stress related claims from employment, even though his STD/LTD will not cover such injuries.

If they have refused to provide him reasonable accommodation and have treated him in this manner based on his disability, then the company knows that if it goes beyond the EEOC medication it becomes and official complaint against the company's record and it can cost them significant damages for willful and malicious conduct against him.

At this point, I would suggest telling your attorney's to look to getting him transferred to a different store and department along with all of his back pay to restore him to where he was prior to this harassment. If the company refuses, hold your ground because if they are asking for this to stay in the EEOC, the company does not want it to get to the courts and it will settle.


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Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 88714
Experience: 20+ Years of Employment Law Experience
Law Educator, Esq. and 4 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


Ok hate to bug you again but I have discovered I would never had made it through the education process to actually become an attorney. So in light of that, I have another question for you. When we were preparing to leave the EEOC Mediation after being told the company we filed a charge stated that why they could not see us reaching a resolution where the two sides could meet, they did however state that they wanted to keep case at the EEOC level. *you answered that question perfectly clear, so thank you


 


?-Ok the attorney representing my son stated to me to apply for Worker's compensation for him as he according to the Union still has a position for up to 24 months but it is an "unpaid" leave since they do not consider "Mental Health/Anxiety w/onset only after moving into new position" I decided to look into it. FYI-as a note I was out of country for a week, fell broke my foot on second day of seven day trip, upon arrival back into the U.S. went for treatment, provided an air cast and I was back out of the U.S. for seven more days, so this is why I am frantically trying to help my son, basically I have not had time to think clearly as to what my steps should be in order for the outcome to be a good one for him. I have applied for SSDI, on paperwork is asked if condition would end in death and I stated yes. I wrote a well written cover page describing how in actuality my son qualified for SSDI since the age of 2 but I choose not to go that route at that time and wanted to get him as far as I could in life. Well he worked 17 years and finally both myself and the doctor feel the workplace places to much stress on him (in new position) and for now he should not return until we get through this legal situation and when he does return it will only be for 20 hours per week so he can continue to receive his SSDI benefits. OK sorry my mind seems to ramble lately this is all so stressful for me and have to keep spirits up for my son. Anyway how do I go about applying for worker's compensation? Is it through his place of employment (HR) or should I contact his Union Rep., or just file a claim on my own? Thank you so much for your help.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the update.

Yes, workers compensation is initiated through filing a report of occupational disease/injury with the employer through HR and the union will usually assist. Under the workers compensation law, the employer cannot refuse to take the workers compensation claim and report it, but they can indeed dispute the claim once you file it and it is at that point the attorney will need to get involved and file an appeal to the workers compensation board. However, you start by filing the workers compensation claim with the employer by contacting HR or asking the union to assist in filing the claim.





I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 88714
Experience: 20+ Years of Employment Law Experience
Law Educator, Esq. and 4 other Employment Law Specialists are ready to help you

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