Employment Law Questions? Ask an Employment Lawyer.
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When you took the days off were they all in relation to your torn rotator cuff?
The anti-discrimination laws give you a limited amount of time to file a charge of discrimination. In general, you need to file a charge within 180 calendar days from the day the discrimination took place. While this can be extended in certain cases to 300 days, you would want to get your claim into the EEOC prior to that 180 day limit in order to fully protect yourself.
You would have been able to take leave under the FMLA for up to a total of 12 weeks per year based on your condition.
Some of them were. I had to take off work for 5 weeks in Nov/Dec 2012 for what my Dr. said was clinical depression caused by family events and also things at work. I was overloaded with strenuous tasks at work because my co-worker would not do her part . Boss was aware of this, but did nothing about it.
Did you ever take off more than 12 weeks per year?
No and the days I did take off were earned vacation days.
Allright, then it definitely seems like you have an argument for their failure to enter into an interactive discussion with you, as well as their failure to provide you with the proper FMLA paperwork. At this point, you either want to keep calling attorneys to see if someone is willing to take your case or file a claim with the EEOC.
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. If you decide to file yourself with the EEOC you can do so here:
In either case, you would want to claim that either 1) you were terminated due to your disability, or 2) the company failed to reasonably accomodate your disability
Thank you so much, I feel there is some hope out there. I spent a big part of my life at that company.
I completely understand where you are coming from. It is a shame when an employer feels that they can do whatever they want. Especially when that action is unlawful.
Have I fully answered your question today?
Yes I think you have. Do you think I should go ahead and file with the EEOC?
I think that you should call a few more attorneys (at least 10) and then if you haven't gotten your answer before 180 days from your termination you should absolutely file.
As that will protect your statute of limitations
and they will launch an investigation
OK , I will do that . Thank you.
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