How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ScottyMacEsq Your Own Question

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 11213
Experience:  Licensed Texas General Practice Attorney
Type Your Employment Law Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

I was in a bad fall from 20 feet. I encountered a TBI. In the

Resolved Question:

I was in a bad fall from 20 feet. I encountered a TBI. In the last year in a half since I half been released to go back to work. All of my supervisor are coming up with I am to stupid to work there. It is never on mY production. Or quality of my parts. They say I look space out and do drugs. What I have already got a drug test done. And gave it to the vice president of the company. What is the best way to stop the hostile work environment
Submitted: 9 months ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 9 months ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I

ScottyMacEsq :

I'm sorry to hear about your situation. While I completely agree that this sounds "hostile", the term "hostile work environment" is a legal term of art, and applies only in a situation where there's sexual or racial harassment going on, so even though your supervisors actions are "hostile" they would not actually constitute a "hostile work environment" as defined by the law, even though it would qualify as hostile under the ordinary dictionary definition.

ScottyMacEsq :

Rather, with your bad fall, I would suggest asking for "reasonable accommodations" under the Americans with Disabilities Act (ADA).

ScottyMacEsq :

You can mention to HR that you believe that you're being targeted because of ongoing issues related to your TBI, and that you feel that this is a violation of the ADA.

ScottyMacEsq :

This should make HR sit up and take notice, as "reasonable accommodation" and ADA are things that a well trained HR department should know a lot about.

ScottyMacEsq :

Unless you can show that you're being discriminated against based upon your race, age, religion, gender, or age, other laws would not apply, although the ADA could apply in a disability situation where they're not making any accommodations for your situation.

ScottyMacEsq :

If you don't have any satisfaction with HR (after requesting reasonable accommodations), and especially if they take further action against you, I would suggest filing a complaint with the EEOC, as that would give you better protection against "retaliation" and could give you something more to base a complaint on.

ScottyMacEsq :

Again, a well trained HR department will tread lightly in such a situation, and should inform your supervisors to do the same.

Customer:

Would A TBI fall under as a disability?

ScottyMacEsq :

Not the fall itself, but anything that results from that if it could be defined as a disability.


The Americans with Disabilities Act ( ADA) has a three-part definition of disability. Under ADA, an individual with a disability is a person who: (1) has a physical or mental impairment that substantially limits one or more major life activities; OR (2) has a record of such an impairment; OR (3) is regarded as having such an impairment.

ScottyMacEsq :

But again, you're looking for change in behavior, rather than actually going to court and winning the case, and HR is going to try to do what it can to prevent a complaint being filed in the first place (assuming that it's a good HR department).

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer:

If it would happen to go to court if things don't change does a TBI and everything what has happen help at all

ScottyMacEsq :

Ultimately at that point it would depend largely on whether or not the TBI and resulting issues could be classified as a disability, and whether or not they reasonably accommodated it or discriminated against you based upon it.

ScottyMacEsq :

It would be relevant, certainly.

ScottyMacEsq :

But whether or not you could win your case would depend largely on your actual medical issues. And that's why you would want to try to avoid going to court (and having that uncertainty) in the first place.

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer:

Yes but in the ADA isn't there a clause what it says supposedly they Are thought have a disability but don't

ScottyMacEsq :

Yes. If they discriminate against you based upon a "supposed" disability, that's also actionable. Same thing if you file a complaint, and they retaliate against you filing the complaint, even if your disability was found to be not covered under the ADA.

Customer:

Thank you I have no more questions.

ScottyMacEsq :

If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (>30 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 11213
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.