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 Gerald, Esq Your Own Question
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 2881
Experience:  30 years of experience
77476456
Type Your Legal Question Here...
Gerald, Esq is online now
A new question is answered every 9 seconds

I am an over-the-road truck driver who recently went through

Customer Question

I am an over-the-road truck driver who recently went through a divorce. I ended up in the ER on Thanksgiving this past year for suicidal thoughts in Kent, Wa. Someone in my family called had called the police. I was released the next day and went back to work the next week. In December I had a bit of an emotional breakdown and arranged with my employer to take a two week, unpaid leave of absence so that I could get some counseling and start a bankruptcy. I understood when I came back to work that I would be required to re-certify my medical card (which I'm required to have as a DOT licensed driver). So the company rented me a car and I drove back to Kent, Wa where my truck is at our terminal. But when I called HR to find out what I needed to do, they informed me that they required a release from the doctor who had treated me at the hospital. That was several weeks ago and I had already been back to work and I had not told my employer about the event. So, I naively went and got the summary of the hospital visit and sent it to HR. Now, they are trying to send me back home (which means that I will be living in a homeless shelter). I don't know how they even found out about the ER visit. I suspect a family member may have called my employer. The doctor had explained that I didn't have to tell my employer. Can I sue my employer?
Submitted: 11 months ago.
Category: Legal
Expert:  Gerald, Esq replied 11 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

If they are presuming that you have a disability or treating you as if you have a disability (whether you have one or not) and they are engaging in a discriminatory punitive manner toward you as a consequence you may have a complaint under the Federal Americans with Disabilities Act as well as the Washington State Law against Discrimination.

Presuming that you have a mental health issue and disqualifying you from work because of that can qualify as unlawful discrimination.

You can file a complaint with the Washington State Human Rights Commission. Here is theor link:

http://www.hum.wa.gov/index.html

Because the Washington State HRC has an agreement with the federal EEOC you can simultaneously file a cross complaint with the EEOC. There is a box on the form so you can use one complaint for both agencies. Also there is no cost to youto file these complaints.

You may also want to meet with a local Employment Law attorney to discuss your situation. Most attorneys who do this work charge little or no fee to make an initial assessment of your case. You can find such an attorney here:

http://lawyers.findlaw.com/lawyer/practicestate/employment-law-employee/washington

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Related Legal Questions