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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Employment Law
Satisfied Customers: 2849
Experience:  30 years of experience
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Single mom with 2 boys with several chronic medical issues

Customer Question

single mom with 2 boys with several chronic medical issues works full time. i have bipolar anxiety ect well documented history. one son recently diagnosed with complicated chronic gi issues and took fmla, at same time was asking for help in my lab due to getting more paitents which was forewardned by me for months in advanced. resulting in missing breaks and overtime almost every day. i ended up taking a medical leave due to stress, came back same day was aproached to close my lab and downstairs lab all by myself due to closer calling out, done this before very hard i relied i canot due to my own responsibilitys (first time i said no)was continued to not be heard or suggestions to help with keeping up i came u with clear suggestion that was done at other sites, and was after a long while was recieved relif while i take break. but no pm. continued to complain and i even notifred this is unhealthy enviroment im so tired end of day names look same im afraid im gonna mess up, (very clean record mind you)i had to take 7weeks of fmla due to many many appointment hospitalisations treatments procedures with my son. ran out of money. came back to work to find ojut they closed my lab stating they came to a conclusion it was too much for one person,felt acknowledged, moved me to downstairs out pt lab very busy muliple accounts worked there numerous times. but not as a permanent. we have a dos mode 1984 lab info system ive always had issues with and now when i am put in that posistion for 8 hrs straight my mind goes blank ,as more and more pts are coming in. i end ups crying and get rekieved to compose self having a haed time composing self. brought issue up to boss and was ok so feel better ?
i researched and found out i was protected under ADA and am aloud to ask for an accomidation, turned down stating thats my job discription, i aknowledge and confirmed that i am cappable but not all day. i found out that it doesnot say anywere in my job discription to perform registrating pts for 8 hour straight. i know this is the only lab that rotates positions daily. ive worked all up to 15 dif sites . i mentioned ada and now my boss is letting hr deal and was told same thing that i have to do it! knowingly i have panic attacts latley registrating pts, next day was told im registrating for the day i gave it my best shot and lasted 30 mins! could not conduct myself and notifed boss and called my phyc to make asap appoint. boss let me go rest of day off came back feeling better and meeting with hr and boss told me i can either take time off or go back to work continuing all positions. i of couse took leave when he said a couple days and instructions to do in order to come back. i followed threw and even handed in release back to work. boss didnt like that release didnt say ready fully funtioning, resulting in day after day put off and now its been almost 2 weeks and was now notifed going to be a couple more so they can figure it out. i even showed what accomidations requesting from th jan website and its not undeu haedship told them why its not gonna cost anything. and what im asking for is small and they still wont budge. was also told that my fmla is running out .28 left and anthing after that will be considerd short nitied and subject to disiplin actions. so if i take my boy to his weekly medical appointments and now mine due to all this stress, i wont be protected! i feel like im going crazy with all these unnessesary road
. blocks. so now what was supposed to be 2 and half days off now is going on for 2 weeks! no pay and using my fmla what i had left! is this qualify for a discrimination claim with EEOC or am i screwed? please help im desperate
Submitted: 1 year ago.
Category: Employment Law
Expert:  Gerald-Esquire replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

It sounds like your employer is in violation of both the federal and state laws that protect employees with disabilities.

You have a number of avenues that you can pursue:

1) You can file a complaint with the federal EEOC.

You can file the complaint here:

http://www.eeoc.gov/contact/index.cfm

This link provides detailed information on the federal law:

http://www.eeoc.gov/policy/ada.html

2) You can file a complaint with the Washington State. You can file a complaint here:

http://www.hum.wa.gov/ComplaintProcess/Index.html

Here is detailed information on the Washington State Law:

http://www.hum.wa.gov/faq/faqdisibility2.html

Please note that you may be able to file both complaints together through the Washington State Human Rights Commission. Call them here to discuss that:

http://www.hum.wa.gov/ContactUs.html

3) You may also be able to bring a private lawsuit. Most attorneys who do this work will meet with you at little or no cost to make an initial assessment of your case. Please note that you do not need an attorney to file the complaints that we discussed above, but they can still be helpful to you with the process. You can find an attorney through this link:

http://lawyers.findlaw.com/lawyer/practicestate/discrimination/Washington

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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