Employment Law Questions? Ask an Employment Lawyer.
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Did you ask for Reasonable accommodations as per the ADA?
Do you feel your disability is the reason for the treatment?
Are you part of a Union or do you have a contract?
I asked to work from home once and this last time I had an episode I asked for a reasonable accommodation for the time off
You should not quit, as you would not be able to obtain unemployment benefits,
it would be risky to do that,
Yes. I feel that because my depression, I am being treated different than someone else who may have diabetes or cancer. I am being treated like this because I missed the time due to my disability
no I don't work for a union or have a contract
what you should do is send a letter to the HR, stating that you feel you are being discriminated due to your disability and your request for reasonable accommodations
If they fail to act, consider filing an EEOC complaint,
they will investigate the matter, and in most cases the employer
if they fire me they will want me to sign a separation agreement
will that stop me from being able to file a EEOC claim
you should only sign an agreement if they offer you a significant severance,
you should not sign it unless they allow for a severance, or will not contest unemployment benefits,
If you sign a separation agreement, you would nnot
be able to file an EEOC complaint.
the most I will get in severance would be 2 weeks
I work in the HR department
I would not sign it,
I would file an EEOC complaint as soon as possible,
and they may offer you a large severance to drop the case
To file a claim with the EEOC, contact the nearest local EEOC office. More information about filing a claim with the EEOC can be found at http://www.eeoc.gov/facts/howtofil.html.
I have been all over that site lately
Should I still write the letter to the HR department?
I would send the letter threatening an EEOC complaint first,
that may force them to try to settle with you
I worry that will make my environment worse
if they fail to act, you should file the complaint,
When you say act, what does that mean?
I would not quit, or accept any separation agreement as it may hurt you in obtaining unemployment benefits.
They should try to settle with you either change the work environment,
or provide you accommodations,
or offer you a larger severance,
If I find other employment, can I still file?
you have 180 days to file,
I truly feel that if I write the letter to the HR department that it will become even worse at my job. I love my job, and that is what sucks. I feel like I am being pushed out.
At this point you have no other choice,
if you do not want to send a letter, consider filing an EEOC complaint first,
and if they retaliate against you,
you can sue them for retaliation
Ok. Any site suggestions where I can reference such a letter to use as an example.
The link above have samples you can use,
Once you file the EEOC complaint you are given Federal protection from retaliation,
so if they continue to treat you that way,
or make it worse for you, consider speaking to an attorney about a lawsuit,
Good luck, and if you have any further questions please do not hesitate to ask.
ok. I debating which to do first the letter or the complaint\
It is better to do the letter,
as you can tell the EEOC you gave them a chance to change and they failed.
so just tell them that I feel that I am being discriminated against because of the reasonable accommodations of time off I requested for my disability and have taken in the past?
and that I am contemplating filing a complaint with the EEOC?
yes, and give examples of the harassment, and state if they fail to take action you will have to file an EEOC
the examples would be the interviewing for my job and comments about how fell apart when I was out
and the failure to provide you with reasonable accommodations for your disability
My HR Manager is not smart she is going to scream at me and ask me "what action to you expect us to take"
that is fine, then file the EEOC
can they fire me for something like wearing the wrong shoes on the manufacturing floor or being late from lunch, or will that be considered retailiation even if I have not filed the claim. Sorry for all the questions
if made after the complaint, it would be retaliation,
if they want to fire you, they have to make sure you intentionally violated company policy
I think they will do that after they get the letter.
Then you file the EEOC complaint, and file for unemployment benefits,
I hate this, because I love where I work :( Are you a new yorker
I figured from the screen name.
I trust you even more.
That is good,
If you have any further questions please do not hesitate to ask.
new Yorkers don't beat around the bush!
thanks for everything!
and I will
I have written my letter to my HR director. My question is if I am asked if I have consulted an attorney how should I respond? I am turning it into my director tomorrow. I know I am going to get an immediate response. Can I ask him to keep it confidential, not include my manager at this time
I received a letter from my HR manager asking for a questionnaire to be completed by my doctor regarding my disability which I understand. But I was told I could not return to work until I have it completed because they need to know that I am capable of performing the essential functions of my position of employment on a full time basis so that they can have a better understanding of my circumstances. Can they tell me that I can't come back to work till I have this completed? Is that legal?
I would like to send you the document they want my doctor to fill out. I think it is worded to have me fired either way it is completed. If she says I am impaired and can't complete the essential duties I think they will say they can't accommodate me. If she says that I can do all the duties then they will mark all my missed work as unexcused and fire me. I am trying to find an attorney in my area, but it has not been so easy. Do you mind reviewing the document?
job description was changed in September. not sure if it was before or after I filed my complaint. the initial job posting for my posisiton was put up in august so I find it weird that the job description was updated in September and not august
I am stalled bc the EEOC office is closed due to the shutdown. I have a feeling that is what they did. I am meeting with my doctor tonight, what advice to you give on completion of the medical certification. I am able to complete the essential job duties but I do have chonic episodes of depression w/o warning. During that I am able to work from home. But if I say I am able to complete the essential job duties does that nullify that I am impaired?
attached is what I received back from my therapist, I feel it is not adequate and will not hold up with my employer and get me terminated. any suggestions?
I will contact my primary care provider. Again, I am not able to return to work till they receive the documentation. In your opinion, since she refers only to the my last episode and not further episodes, will I still have an issue in the future?
It does state I suffer from PTSD.
I sent the following email to my HR manger yesterday and received the following response. As of today they have received my documentation from my therapist and I should be allowed to return to work. I feel they are illegally keeping me from work now. Are they? I will not get paid this week and I am very upset. I can't control how long it takes to get the information from the doctors. I have been in contact with a local employment attorney. Is this something I should inform them of now. Please see the emails below
JanetI sent 2 emails this week regarding the status of the medical verification letters you have requested on my disability. As of now, I have received no response from you. Have you received these emails? 1st stating their is a 10 working day waiting pd to get forms back. The second email stating that I received a form back and I federal expressed it to the office to your attention. I am still awaiting the other document from my primary care doctor.Please confirm receipt.
Shannon,Thank you for the update. I did receive the emails. I have not received the medical letters as yet.As you know you were paid for the weeks of 9/23 and 9/30. We are discontinuing your pay for the week of 10/7.I will be in touch.Regards,Janet
Last question. I have filed an EEOC complaint as of Friday for harassment and discrimination. I have still not received any responses on my requests to return to work. At this point I am starting to interview for jobs, as this is not turning into a financially hard situation.
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