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Recent ADA questions

I am a front line supervisor. My manager keeps putting me in

I am a front line supervisor. My manager keeps putting me in corrective action because the union keeps filing unsubstantiated complaints about me. He has told me I am scary, mean, etc. He has several times made comments about my weight in meetings. He has also fired 3 other front line supervisors. He says I need more training, but never gives me training. He undermine me by telling me to talk to an employee about performance but then criticizes me for it when the employee complainsJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: OregonJA: Have you talked to a lawyer yet?Customer: Not yetJA: Anything else you think the lawyer should know?Customer: I told him I think he is retaliating against me and I won't meet with him without hr present

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Dwayne B.

Juris Doctor

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I have been told that I will not be considered promotion

I have been told that I will not be considered for a promotion because I have been absent from work too much even though the time was approved FMLA time and documented. They also claim that I have missed deadlines and not produced the work volume for the position but my reviews do no indicate this nor have I been approached/counseled or reprimanded about missing any work. In fact, I worked overtime, weekends and nights to make sure that my work is done timely.

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Marsha411JD

Doctoral Degree

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I asked my employer disability accommodation, to be moved to

I asked my employer for a disability accommodation, to be moved to a quieter area to work. They told me that I needed to give the EHS manager a list of my medications and allowed me to move then asked for medical documentation. Since then they have threatened every other day to take away the accommodation and have told me that I only have 30 days to complete this or my accommodation request will be denied.

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Dwayne B.

Juris Doctor

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I have just learned that I have ovarian Dysgerminoma staged

I have just learned that I have ovarian Dysgerminoma staged at 1a. I was told it is low potential malignancy and can be easily treated. I work in a tight knit, team oriented workplace- a preschool. I am friendly with my boss and coworkers, but I'm also a believe in privacy of my personal life. I told my two best friends, whom are both coworkers and I feel that because of that, I must tell my boss. I want to know what hipaa laws apply- will they need to contact my oncologist or will HR need to get involved with my oncologist? It's a simple treatment and I don't believe it will prevent me from work, I won't need FMLA nor help from ADA. I don't want to create a spectacle as this is a recurrence and I was let go from a previous job because of my cancer in 2013. What documentation must I provide? With my treatment, my oncologist feels I can safely work. I want to tell my boss but I want to avoid my medical records being leaked as I also have anxiety and ocd of which I don't want revealed. Can I deny them access to my medical records? What are my rights and what do I do? I have a lot of anxiety on where I begin with this as I don't want to lose another job because of cancer

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Patrick, Esq.

Doctoral Degree

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I was terminated from my previous employer in NY state on

I was terminated from my previous employer in NY state on 5/28/2016.I started using essential oils for health benefits regarding migraines in March, 2016. During this period I was asked to stop using them because a co-worker claimed she was allergic to the oils. May 18th a policy was put into place regarding use of fragrances. I ceased use, however failed to take home one cleaner and my manager claimed I was still using the oils and terminated me. There is so much more to this case and I feel I was unfairly terminated. The health of a coworker is more important than my health benefits? But thats not even the point. I was not using the oils, nor the cleaner at that time.Is this harassment I received from the emplooyer?

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Dwayne B.

Juris Doctor

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We are a pre-school through kindergarten school. We

We are a pre-school through kindergarten school. We interviewed a candidate for a teaching position we have available. We made her an offer and gave her new hire paperwork to complete. The candidate advised that she wanted to complete the paperwork at home and bring it back so that she would have more time to review and completely fill out the paperwork (which we allowed her to do).She came back yesterday and returned her new hire paperwork and it was at this time that the candidate advised her she was legally blind.Under the ADA or any federal/state labor laws, can we withdraw the offer based on the fact that she did advise us until after she had completed the paperwork and returned it to us.This position takes care of young children and infants. We are concerned that she will not be able to complete the essential functions of the job. Can we withdraw the offer with consequences?

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Patrick, Esq.

Doctoral Degree

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I am wondering if I am being discriminated against with my

I am wondering if I am being discriminated against with my employer changing my job description after having a child with special needs. Some of the changes are unattainable in my new situation, and are being spearheaded by a VP that has it our for me and has tried to previously get me fired for frivolous reasons. I feel like this VP although has not harassed me, has tried to get me out because I will not do what he wants me to do. He has a lot of pull in the company, and it seems he has more pull than I suspected over my department as well. I definitely feel targeted. I have never been written up or given any kind of reprimand in the 6 years I have been here. Work is becoming unbearable to deal with and I feel like I am getting pushed out.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: LouisianaJA: Have you talked to a lawyer yet?Customer: no, wondering if I have anything to stand onJA: Anything else you think the lawyer should know?Customer: I am sure there is more. The VP came after me a little over a year ago and went to HR saying I was talking salary with one of his employees. I was not. From what I understand, she went to him saying she did more than me and should make more than me. I never told her my salary, but she does have access to my hourly rate from charitable donation program the company has. I can only assume she calculate. I was pregnant at the time and HR from what I heard said there was no proof and that they were not going to fire a pregnant woman. Here it is a year later and he is behind the changes in my job scope. Again, I feel as if I am being targeted for not being on "his" team and what he wants.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 Lawyer about your situation and then connect you two.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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I work Federal agency and feel as if being harassed by

I work for a Federal agency and feel as if being harassed by supervisor and administration. In 2003 I was injured and it was the fault of the agency due to lack of neglected upkeep. By 2011 I was almost not able to walk and by 2012 had an joint replacement implant in my foot. The surgery and physical therapy was covered by OWCP. Within a couple of years of recovery I was talked to by my supervisor about age and retirement issues and then HR and supervisor pressed me to get a letter of accommodation while I was still attempting to deal with other medical issues caused by the injury involving my gait and hip issues and was wanting to wait till the physician completed his evaluation, they did not wait so I went to the surgeon and she wrote the letter that the agency needed. Then my employment was threaten, if I cannot do my job then... In the last 8 months with more physical therapy I was able to correct the medical issues and am able to do my job. However, now they are bringing up work place harassment issues on things that I have not done and are investigating me, saying these things I said or did from years ago, which I did not do. I feel that they are wanting to find a way to get rid of me although in 16 years only had one poor review and that was done during the time I was recovering from the injury. So is there anything I can do or just wait for the investigation to come back without any results or is this harassment in the workplace of some kind.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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17,622 satisfied customers
I am currently on paid administrative leave (as of 2 hours

I am currently on paid administrative leave (as of 2 hours ago) . I work in a hospital as a respiratory therapist. I have had my position for 16 years. I have never really had any problems until this past year. My husband passed away just over a year ago. I have been written up twice for setting up equipment incorrectly in this last year. Yesterday we had a patient who coded (code blue) I happened to be at his bedside when this occurred. I feel like I did my job well, but there were two nurses that had doubts. I had another resp. Therapist with me at the time, helping me. I believe she remembers events as I do. There were also several Drs. Who were in and out of the room, who both thanked me and told me good job. My understanding is that they are all being interviewed now. My feeling is strong that no matter what they say I will be terminated by day's end. Human resources is involved. Is there anything I can do?

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P. Simmons

Attorney

Doctoral Degree

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