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 Ray Your Own Question
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 36939
Experience:  30 years in Employment law
8534270
Type Your Employment Law Question Here...
Ray is online now
A new question is answered every 9 seconds

I moved to Wisconsin from Atlanta six month ago. I had lived

Customer Question

I moved to Wisconsin from Atlanta six month ago. I had lived in Atlanta for 29 years and left my friends and family for a new start. I have suffered and been treated with depression for over 25 years. At my new job at a bank I was hired as a personal banker with some teller line duties. I had been waiting for insurance to kick in and had appointments to see a new psychiatrist. About a couple of weeks before I saw her I had a
fall getting ready for work was going to put some sheets in the washer and as I was walking I fell over my dog and hit my head. I went to work and got sick-vomited and then started getting dizzy I called the Dr. and they said to immediately go to the hospital to get a ct scan a coworker had to take me and pick me up. I did not have bleeding in my head but did have a concussion with a hematoma. A few weeks after I finally got to see my psychiatrist and she changed my medication and dosage which can take a while to change in your body. She told me what she wanted me to take but accidentally called in the wrong dosage amount when I got them to take it was evening and I took what was prescribed and called the Dr. the next day. Unfortunately, I was on the teller line and couldn't focus or concentrate because of the incorrect medication and had to ask my Boss to leave early. I shared with him in confidence my depression and he understood. When I came back the next day he told me he wanted me to sit in his office and both talk to Human Resources about my condition. I don't feel comfortable about this because I think he is just trying to protect himself. I have not been doing very well at my job and have been forced to continue being a teller instead a personal banker and that is what I was hired to do. They told me I was having too many error correct and gave me verbal warning that was not going to go to Human Resources. I am due to have a follow up with my boss's boss in a week and I have gotten better but they are judging my improvement over a one month span and I have had all this medical stuff take place in that span. What can I do to protect myself?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Ray replied 8 months ago.

Hi and welcome to JA. Ray here to help you today.

You may want to file with EEOC here claiming age, sex , or race discrimination.The employer may be using this as a means to seek to terminate you based on your age.Often this is a smokescreen they try to create a reason here when it is really clearly age related.This would also give you retaliation claims if they try to terminate you file a second claim.

EEOC

If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information, you can file a Charge of Discrimination. All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer.

http://www.eeoc.gov/employees/charge.cfm

This keeps you from being terminated as an at will employee if discrimination was involved.

The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Harassment can include, for example, offensive remarks about a person's age. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

I would go on and file this before your meeting.It allows you to then claim retaliation here if they terminate you , you file a second EEOC.You may want to consider your own lawyer here.The employer may also have failed to reasonably accommodate your medical condition and you can include this in your complaint as well.

I am so sorry they have treated you this way and for all you have been through.I wish you the best here.