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Recent Disability Discrimination questions

My husband resigned from his job after 18.5 years of service

My husband resigned from his job after 18.5 years of service due to frustration on the job caused by his bipolar illness. He resigned abruptly then sought his job back after 3 weeks. His managers wanted him back and his union tried to have him reinstated, however upper management (who don't even know him) refused. The union said he could reapply for jobs in the company and start from scratch however now we find out he was designated "ineligible for rehire". There is no reason for this designation and we have asked that they reconsider, but they will not budge. It seems there may be some discrimination based upon his disability. He never had any disciplinary actions in all of his years of service.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: New JerseyJA: Have you talked to a lawyer yet?Customer: not yetJA: Anything else you think the lawyer should know?Customer: This is very unusual for the company to do this when someone resigns; people can come back into the company. We are hearing through the grapevine that they were upset he went into the executive offices looking for HR, but was on the wrong floor. They did not like that he was on their floor, but he simply made a mistake. And they did not like that he applied for NJ unemployment benefits (that were denied anyway).

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Patrick, Esq.

Doctoral Degree

17,488 satisfied customers
I endured physiological abuse for over 2.5 years from a

I endured physiological abuse for over 2.5 years from a second level boss. I went into dissociation but as my health deteriorated over the years with no answers I went to see a mental health professional who diagnosed me with chronic delayed onset PTSD last year which was 5 years after the abuse endedApparently I didn't know till today that I would have had to file a complaint with the EEOC. Are there exceptions to the EEOC filing when delayed onset PTSD is involvedThank you

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Infolawyer

Attorney

Juris Doctor.

37,362 satisfied customers
My boss disclosed personal medical information to other

My boss disclosed personal medical information to other employeesJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: New JerseyJA: Have you talked to a lawyer yet?Customer: no - just found out todayJA: Anything else you think the lawyer should know?Customer: I have been treated for alcohol dependancy in the past and I found out now my boss is telling people I am an alcoholic

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,900 satisfied customers
Does an employer have the right to contact an employee's

Does an employer have the right to contact an employee's doctor to question change or modify his or her restrictions to keep the employee from returning to their job? I was asked to leave yesterday at noon and I would be contacted when my restrictions were figured out! Yesterday afternoon my doctor contacted me to let me know that the company had indeed just contacted them and wanted to go over my restrictions! I'm very nervous and now I'm in the dark! Unfortunately for some of my peers in the past a bad injury ment the beginning of the end! In my case I was promoted to supervisor a year and a half ago so I don't have a union on my side I feel alone!! What should I do?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,900 satisfied customers
I am currently on FMLA leave from my work. The reason I am

I am currently on FMLA leave from my work. The reason I am on FMLA is for emotional distress, which was caused by my manager. In January, I was placed on a coaching plan but told it was not a disciplinary action. During the last scheduled meeting both my supervisor and manager agreed that I had met the terms of the coaching plan. However, a couple of weeks later manager told me I should be worried about my job, when I asked what that meant she would not answer but only look at me. I had no idea where this came from and the only thing she would say is your not consistent. My question is... should I even return to the job, can they fire me and if so how long could I expect?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,900 satisfied customers
Is there any legal action I can take for a fraudulent review

is there any legal action I can take for a fraudulent review which got me fired.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: caJA: Have you talked to a lawyer yet?Customer: yesJA: What advice did they give you?Customer: One said that there is no legal ramification for a bogus review another said that this could be considered a hostile work environment.JA: Anything else you think the lawyer should know?Customer: I was made an example of for breaking an expensive part....I saved this company at least 100,000 but one mistake cost me my job....not sure if legally I have any grounds to sue them.

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Patrick, Esq.

Doctoral Degree

17,488 satisfied customers
Can employer share medical info without employee's consent?

Just looking at some information to help my son. His supervisor shared some medical information to another employee without his consent and wanted to see what his rights were. This is in Kentucky.My son is a Type 1 Diabetic, is a contract employee on Ft Knox. He has been working 50-80 hours in a week in 100 degree heat. He ended up dehydrated and got very sick and was hospitalized. He missed 4 days of work. When he returned, he has been hazed, made fun of and called a retard. They have been denying breaks since he was first hired and been told that he must take his lunch while he is driving and not stop to do so.

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Patrick, Esq.

Doctoral Degree

17,488 satisfied customers
I'm a 20 year veteran in my field. Several months ago I was

I'm a 20 year veteran in my field. Several months ago I was promoted as a "temporary" manager within my department (Quality), the very next day i was told "due to politics" several other temporary managers already in place in other departments (with less experience) are being displaced and would be back filling the position, Fair enough I thought. A permanent management position opened up which I interviewed for (through the same hiring managers, that originally offered me the temp position) I was told I did very well during the interview by both Managers, as well as HR. The position was given to a better qualified individual (More time with the company in a leadership role). I have no issue with above the facts, During this time the company had introduced a "New" temporary manager program which consisted of training, counseling, seminars and multiple interview sessions with hiring managers and HR. I'm proud to say I completed the program based on my background, experience and participation I was put on the roster for "Temporary Manager" positions in several departments. A permanent MGR position became available in my work area for "Operations" for which I am also highly qualified, and approved as a temp manager. To my surprise I did not get an invitation to interview. I questioned the "Second Level" manager as to why I may have been overlooked and I was told I did not have "prior" "Lead" or management experience with the company. These where not listed as requirements on the requisition, and I know of at least one individual who received an interview who had no prior leadership or management experience and only 5 years experience in this field (I WROTE HIS RESUME FOR HIM) The individual who got offered the position is also less qualified than myself, also with no prior "Management" or "Leadership" exp with the company. I put this question to HR over a month ago and have received a response, I have approached HR in person and was told she'll look into it, in the meantime the Hiring manager spoke to me once ago and restated the same, and insisted the other individual did not get an interview which I don't believe. A few weeks go by and in my department another Perm Management position opens up with the same Hiring Managers who extended the temp position, and Interviewed me last time (same title responsibilities etc.) This time no interview...? I question the Sr. Level MGR (Mostly all of this is in writing by the way) Keep in mind throughout this time, I've had excellent performance reviews, received Awards etc. The Sr. Level manager tells me that my current manager had told him I was having issues on second shift? and we may be able to turn this opportunity around, after weeks of dodging me he informs me that I was not chosen because my current manger told him I nodded off at my desk. I told him I was currently undergoing medical treatment and having some difficulties with side effects from a new medication and was working through it with my doctor, I also told this same information to my immediate manager weeks "Prior" when he questioned me the time I nodded off. I wasn't written up for the incident, He just told me if it was medical or personal I really didn't have to tell him and he really didn't want to know about it. He offered nothing else, Nor did the Sr. Manager when I told him. I feel like I may have been discriminated against for both positions due "Hearsay" and/or a disability. Now I feel like I'm being Railroaded, I received an email from HR today stating that it has been alleged that I am sleeping on the Job, and they are requesting some sort of statement?

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Patrick, Esq.

Doctoral Degree

17,488 satisfied customers
Within the last few months I have been experiencing drastic

Within the last few months I have been experiencing drastic changes in my mood and productivity at work. I disclosed feelings of depression twice to my manager, whom I work with very closely along with 3 other engineers. Last Friday he calls me in his office to ask me the status of my tasks, to which I begin asking some questions about how to fully test them. He then accuses me of not reading the tasks at all, stares at me waiting for a response, expecting me not to be defensive. Then I get frustrated to the point where I needed to leave his office, so I walk to my desk 10 feet in front of his office. He says, "Chris wait, come back." and then barked "CHRIS GET IN HERE NOW!". I stood at my desk with my hands on my head just breathing attempting not to break down in the middle of the office. My company has 50 people, our building is small, and people can hear him while he screams at me when i'm 10 feet away. He then gives me an ultimatum that I either change my mood (which I believe is depression due to stress and possibly electromagnetic radiation at work) or I quit and find somewhere else to work. I'm not sure what to do. I have only worked here for just under a year.

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Marsha411JD

Doctoral Degree

18,830 satisfied customers
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