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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I have a question relating to working as a temporary and having

Resolved Question:

I have a question relating to working as a temporary and having a disability (bipolar). I've been working as a temporary for around 10 months for the same agency. I've recently experienced some stress related issues and have had to take two days off while under my doctor's care. I've provided a doctor's note to the agency and the company I'm working for. I expect to go back to work on Monday, however, I feel like I may be shown the door. Do I have any rights?
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question.

You are protected by the Americans with Disabilities Act from being discriminated against on the basis of your condition. Thus, if the temporary agency terminated you because of your condition, you could file a claim with the EEOC to be reinstated and receive back pay.

Please let me know if you have any questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating will not cause an additional charge and will not prevent us from further discussing your question.

Best Regards,
ZDN
Customer: replied 1 year ago.

Thank you for your reply. I think I could be terminated for an attendance issue I have been having. I was given the opportunity to work 32 hours per week at the beginning of the year to assist my Mother after my Father fell and broke both hips in late November 2012. Aside from three days that I had to be off work (one for a kidney stone); one for a migraine and another to assist my Mother, I've been working for at least 31 hours. I was off work on Weds. thru Friday last week because I had a migraine and felt very stressed because my Father has been moved into long term care. I called my agency on Wednesday morning and told my supervisor there that I was having family issues and he said he would talk to the company I work for. He called me back a few hours later and said that the company supervisor said that I can work for 32 hours for the next three weeks but beginning May 1, I have to be able to commit to 40 hours per week. I told my agency supervisor that not only am I dealing with major family issues, but I also have bipolar. He didn't say anything in response to that. I felt even more stressed after that and made an appointment to see my psychiatrist the next day (Thursday) and was given a doctor's excuse to be off last Thursday and Friday. I sent the doctor's excuse to the agency and to my supervisors via email last Thursday and haven't heard anything back as to whether it was received and whether I should return to the job tomorrow. I don't want to be met with my desk contents at the door tomorrow.

Expert:  TexLaw replied 1 year ago.
Thank you for your response. I understand your concern.

The law provides that when your disability causes you to miss work, or need a reasonable change to your schedule, then the employer is supposed to accommodate you in that schedule change unless it can demonstrate a reasonable hardship.

Thus, when you have a doctor's note which provides you with a basis for asking for this kind of accommodation, the employer is not supposed to take any kind of retaliatory action against you.

If the employer does take a retaliatory action and terminates you, you may immediately make a claim to the EEOC about this and seek damages and reinstatement to your job. You want to avoid this, as it is a disruption to your life, so you need to go in and sit down with your boss and talk to him about your bi-polar condition and ask that the company accommodate you on your schedule when it interrupts your ability to work. You need to specifically state "I have a disability that is protected under the ADA, and I need a reasonable accommodation in my schedule when I have disruptions because of it."

Please let me know if you have any questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and will not prevent us from further working together on your questions.

Best Regards,
ZDN
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience: Lead trial/International commercial attorney licensed 11 yrs
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