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Attorney2020
Attorney2020, Lawyer
Category: Employment Law
Satisfied Customers: 2578
Experience:  I have significant experience in employment law.
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I live in NC and left my job last week based on what I believe

Customer Question

Hi I live in NC and left my job last week based on what I believe was discriminaion and retaliation: after reading a discription of discrimination I believe my grievance falls under Race/Disability. Can I explain my situations which are lengthy and you'll advise if you believe I have a legitimate legal complaint against employer. I worked for a company that was contracted with DHL Logistics. I acted as a Driver- Courier. I have been employed there 2.5 mnths. In early may my 17 year old who is dealing with mood disorders/ depression, expressed committing suicide. I rushed her to mental health and missed 1 day of work. I advised manager what occured. A few days later asked him to accommodate my Schedule from 48 hours a week to PT. He advised he'd see and get back, he never did. Finally I got back to him, he said it was difficult to make a route based on the request I made to be PT, even though when I interviewed I was advised jOb could be PT or FT. I then asked if I could tk off 1 day per week to try and accommodate some of her care needed, he SD ok. I told him I really needed the PT change though.
My daughter was released from mental health days later and needed aftercare. Based on my demanding schedule, I found myself driving and distracted, as I talked to doctors, therapist, etc. I inevitably hit a mailbox the next week and suspended for several days without pay and made to drug test. Upon return to work I was then told that the cost of damage would be taken from my check. This was for damages to mailbox, there was no damage to vehicle. I became upset and told my boss this was not fair, knowing that earlier in the week a White ( I'm black) employee ran into another vehicle with his work truck and was not suspended and returned to work the next day and was not required to pay for any damages My manager just advised me to call corporate and complain. I did and they just back to me 1 week later, upon hearing my concerns, pretty much after I left. From the day I complained going forward I have been in my opinion, given a hard time by my managers, ex: larger work/ route load ( causing me to be out even longer then previous, 2 days back to back giving me loads to deliver to residence in excess of 125 lbs. When asked for a hand truck to assist with the weight ( I'm 130 lbs.)told by manager, there isn't one and if I needed 1 I had to buy it. Top all of this, several other employees ( Black ) advised they were upset, knowing I was suspended and why, those employees expressed the gentleman had been in 2 other accidents, and never suspended for those either. They also expressed how other Black employees were suspended to, when in accidents. I feel I was given a hard time because I complsined, they forced me to quit, based on what I feel is a hostile work environment, disability discriminaion based on my child's mental disability, and race discrimination. Do you think if I seek an EEOC complaint or legal remedy I could be successful. I have already filed for unemployment and talked again to corporate today, in my opinion they are not trying to resolve the matter at all and instead trying to manipulate me
Submitted: 1 year ago.
Category: Employment Law
Expert:  Attorney2020 replied 1 year ago.
The disability discrimination laws do not protect employees who have to care for disabled family members. But the law does protect individuals from harassment and discrimination based upon race. You should contact the EEOC immediately to submit a claim with the EEOC requesting that the EEOC perform an investigation into yore claim describing the events surrounding harassment and race discrimination such as other employees getting treated more favorably.
Here is the website to the EEOC with the contact information: http://www.eeoc.gov/employees/howtofile.cfm
I hope that helped. please ask any follow-up questions. Please rate my answer so that I may be credited for your time. Thank you.
Customer: replied 1 year ago.
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ("undue hardship").
The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability). For example, it is illegal to discriminate against an employee because her husband has a disability.Corp sd they suspended me, because they supposed I was under to much stress from daughters mental health issues. They could have provided other reasonable wk duties. In the last para. Which I took from EEOC, it discusses disc. Based on family illness. Please see last para.
Customer: replied 1 year ago.
If I go to EEOC and am successful in my complaint, can I seek restitution and/or monetary renedies
Customer: replied 1 year ago.
Are you there
Expert:  Attorney2020 replied 1 year ago.
The law does protect discrimination based upon the association with a disabled family member but the law does not require the employer to provide a reasonable accommodation to the person whom is associated with someone with a disability. Ask the EEOC office and they will investigate the claim or confirm your interpretation of the law.
You can seek restitution/monetary remedies and emotional distress.
Please rate my answer so that I may be credited for your time. Otherwise I will receive no credit for my time and efforts. Thank you.
Customer: replied 1 year ago.
I don't feel as though your response helped me, and your last response seemed to be contradicting. You simply referred me to an agency. Which clearly I already researches. I asked if u reasonable thought an attny would tk this on. I'm not satisfied with my results. Thenks, so you'll receive the initial deposit. I've used this site for multiple questions. When satisfied I pay the full amount
Expert:  Attorney2020 replied 1 year ago.
You need to obtain a right to sue letter before you even file a complaint.
Good luck to you.