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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 33075
Experience:  Employment Law Expert
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I was discharged by a company after I started the process of

Customer Question

I was discharged by a company after I started the process of being identified under ADA with anxiety. There were several things such as my direct supervisor discussing condition and medications with me and sending an email discussing my condition to the wrong person in the company. The entire situation was handled so poorly that even when I asked her not to discuss the situation in my office because my administrative assistant could hear every word she said lets just keep our voices down. It has taken me quite some time to begin to overcome and recognize this situation as a possible wrongful termination and start to look into my rights. I was dismissed November of 2014. Is it too late to pursue damages?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 9 months ago.

When was the last time anything happened? That would include you appealing to HR or anything like that.

Customer: replied 9 months ago.
There was nothing. I was so shocked by the whole thing and just wanted to find work to support my children and I that it has taken me this long to really set out to research and reflect on the whole event.
Expert:  Dwayne B. replied 9 months ago.

Unfortunately, you have almost certainly missed the deadline then. In cases like this you must first file a complaint with the EEOC. That must occur, at the most, within 300 days of the final discriminatory action by the employer.

Based on your facts you have greatly exceeded the 300 day limit and so you can't pursue any discrimination claims under the ADA.

You might want to go and visit with a local lawyer that does Employment Law, you can find one at, and see if there is any way to "spin" the dates to something later. The EEOC will allow you a little leeway if you can offer them a legitimate reason for a delay but you have to have something to explain it.

I don't see anything in your facts that would work but sometimes in an in person interview you can develope addition theories or facts that you can't do in a format like this.

You want to hurry though because every day that passes makes it more difficult.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.