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Tina
Tina, Lawyer
Category: Employment Law
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Experience:  JD, BBA, recognized by ABA for excellence.
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My daughter is a US Air Force Disabled Veteran. She started

Customer Question

My daughter is a US Air Force Disabled Veteran. She started a new job as an Accountant for a public sector Airport in April. Last week her manager and her manager's manager called her to a meeting and told her that 1. She was unreliable because she took of sick leave (which she is entitled to) for doctor's appoint related to her service connected disability) and 2. She is not allowed to mention her status as a disabled veteran to anyone in the workforce or "they might get the wrong idea." They forced her to sign a letter on Friday about the above.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: She is a disabled veteran (80%) and she disclosed this at the time of application and hire. She has a 6 month probationary period which she is half-way through.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Employment Law
Expert:  LawTalk replied 5 months ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your daughter's situation. My goal is to provide you with excellent service today.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a personal phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Is it possible for you to be more specific as to the contents of the letter she was asked to sign? I presume it was not an admission on her part but rather that she acknowledged what she had been counseled regarding---yes?

2. On what basis is she "entitled" to take sick leave in excess of the sick leave she may earn as part of her employment? Are you attempting to suggest an ADA accommodation argument?

3. Why do you believe that the employer, out of the blue, ask that she not mention her status as a disabled veteran to co-workers?

4. How much sick time has she taken in these first 3 months or so of employment?

Doug

Expert:  LawTalk replied 5 months ago.

Hi,

I won't be able to assist you if you are not able to provide the minimal information I sought clarification on. Please get back to me with this information at your earliest convenience.

Doug

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