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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I recently was diagnosed with multiple disabilities. I have

Customer Question

I recently was diagnosed with multiple disabilities. I have been treated differently since. I'v discovered being written up when I wasn't aware. I was written up when my boss and HR told me they just wanted to hear my side of a story. Therefore, I have not signed off on a fair amount of these. I approached the second in command last week. My supervisor has been harassing me and treats me different than my colleagues. I told the Second in command of my plan to call EEoC. Now I'm told I may lost my job because of the many write ups. Despite being sick, my bosses also recently layed off the bereavement counselor and put her 15 hours of work on me. There's more but hopefully you get the idea. If I'm fired this week, which is highly likely. Do you think I have a right to litigation?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns. A few questions, or rather points before I answer. Please be aware that I am only going by your facts, so I am making an educated guess. The information may be unfavorable to you, so I ask that you do not blame the messenger. Also I will try to give you as much of a balanced answer as I can. First, let me explain what disability protection is, and what it is not. Under the A.D.A. anyone who is disabled is protected from harassment, adverse actions, and unfair treatment solely stemming from the disability. it does not mean, however, that the employee is now home free and completely protected--the employee must still perform the work as if he or she is not disabled. So if they fire you for failing to perform reasonable work that they are seeking, that is not inherently discriminatory and is likely permitted. But if they intentionally are picking on you via action due to your disability you'd have grounds to contest. In addition, if you get fired without good cause and after telling them that you are going to the EEOC, you can then argue both 'retaliation' and 'wrongful termination' as additional grounds. But again, the burden would be on you to show that their behavior stemmed not from your work but from your disability if you hope to prevail. Sincerely, ***** *****