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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110573
Experience:  20+ Years of Employment Law Experience
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I have been a telephone sales rep for a firearms distributor

Customer Question

I have been a telephone sales rep for a firearms distributor for 3.5 years. I do not travel. On rare occasions there is a special event they ask us to attend. (I am one of the top sales reps with this company.) On May 9th,2016 I told them I could travel on those limited occasions but I would need my husband to travel with me at my expense. I have Peripheral vascular disease, hypertension, anxiety, and take medication for all of them. It is very painful for me to walk any distance. I also take a medicine for the PVD, a blood thinner which causes me to be a "bleeder". My husband needs to travel with me because he knows my medical condition. I have had 2 mini strokes in the past several years.
Keeping in mind from 02/29/2013 the day of hire and 05/09/2016 I was a top sales rep, never written up for anything.
05/09/2016 sent my written notice of my medical condition, and offered them medical proof.
05/16/2016 verbal reprimand for how my emails/Instant messages were rude to them
06/02/2016- 06-/04/2016 went to the travel function for them in Illinois.
06/06/2016 Written up for being rude to a customer/managment
06/17/2016 Written up for falsifying expense report. (which I submitted accurately along with all receipts.
06/17/2016 Cancelled my health insurance effective that day.
06/28/2016 Sent Cobra letter stating my insurance was effective until 06/30/2016.
They denied my unemployment insurance claim. I have a hearing tomorrow. and I filed a claim for discrimination with the EEOC.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question for us regarding this matter
Customer: replied 2 months ago.
If I can win my unemployment case can I use that information in an EEOC case? does it rise to the level of a disability?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
From what you describe, never being disciplined or written up until you informed them of your disability, it appears that the write ups were retaliatory under the Americans with Disabilities Act, unless of course they can produce witnesses to the allegations they are making. The ADA protects you from retaliatory actions, but if the employer can prove, just for example only, that you were indeed rude to a customer or that the expense report was actually falsified, those actual events are not protected by the ADA status of the employee.
So in unemployment, you have to show that these allegations were merely made to retaliate against you for letting them know of your disability under the ADA and were not accurate allegations or they were not severe enough to warrant termination (by showing others have done the exact same things and were not terminated).
Customer: replied 2 months ago.
What is the difference between filing a claim with EEOC or the ADA?
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

The complaint you filed with the EEOC is for them retaliating or discriminating against you under the Americans with Disabilities Act. It is up to the EEOC to investigate.

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