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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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i have this re:VP and new coaching baderging me/maybe in violation

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i have this re:VP and new coaching baderging me/maybe in violation of ada did you receive this
No, the question wasn't preiously received.

Why do you believe that the treatment that you received from the VP was due to discrimination due to your deafness in one ear?

Is your employer unaware of your disability?
Customer: replied 4 years ago.

The VP previously was in our office for years, working up to being a vp, the desk that I had asked to get moved to was one that I had aprox 1 1/2 yrs earlier, but I switched to nites and moved to another desk, well the lady using this desk went to "work at home" with our company and she and the VP were good friends for yrs and she "diana" had asked jeff, the VP, "COULD YOU KEEP THIS DESK OPEN FOR ME, FOR THE RARE OCCASIONS, THAT MY CPU AT HOME IS DOWN AND SHE WOULD HAVE TO COME INTO THE OFFICE TO WORK" dIANA TOLD ANOTHER CO-WORKER THAT jEFF WAS RESERVING THE DESK FOR DIANA. This, I just learned, because Deni, the coworker, whom heard this from Diana, had just got moved to this desk...told me why the desk has been empty for the last 6months. I was told by Tracy, (my coach's boss) that I could not move to that desk, because they were keeping it open for Diana, however she never said that JEFF ,VP, was the point directing that order. My employer knows about disability, I feel certain that the VP knows, but I really doubt that he is has given any thought to the ADA rights. I asked to be moved there, as soon as I knew Diana was going to work at home, asked my coach, explained that desk had a glass window pane in front of desk blocking my voice from carrying forward, it is on a corner, by a wall, on the last row. I even asked a long time coworker, Kevin who sits on the other side of glass pane, if he had any reservations about sitting there and he said absolutely not, it was fine with him...8 wks go by, I ask my coach again, and remind him that the current desk, was a row away from my team, and I had no physical closeness to another team member, for quick ?'s that come up, and other reason that to my right ear (only) good ear it was really noisy with other co-workers, now that I was back to working days. Wks go by, I hear coach saying he is trying to seat his 3 spainish speaking guides in the row that i AM AWAITING TO BE MOVED TO, WHICH INCLUDES THE DESK, WHICH WILL help kept my voice from carrying to far. I go to coach and complain..I say I believe you are ignoring me, I was expecting for few mos. now and you are making other plans. What about all the noise to my right and my being away from my team??? He claims, you never mentioned that you wanted to move due to noise.. that is bs....I did tell him, my mistake, should had my request in writing, anyway, Tracy (coach's boss) tries to interest me in the desk at the end of the row (of desk that i want), I again say what is the big deal, I have made it easy for you to know this is perfect for everyone on the team. I have sat here before, not a problem for any one. Tracy says well we want to keep the desk open for Diana, in case she needs to come in. The other 2 guides that went to work at home, their previous desks were held open for in case they needed to come into office...i GO ALONG AND SIT where Tracy wants to put me...only one in that row, that is fine, but I know face a lady, with no glass window pane between voice is not buffed by any window pane, and I am told to try really hard to be aware if I get too loud for Deni....few wks go by, some walks past me and says Wow Diana sure left her desk dirty. (Diana attractive, but a hoarding even at work, has removed her stuff since now working at home, but left the desk nasty. I said if I could have moved there, I would have had to scrub it up beforing moving in...our dept secretary hears me and says it was JEFF the VP directed that the desk be reserved. This showing Diana has a desk in office she doesn't use, works at home while I am delayed a move, now because my voice carrys, my coach is telling me that I am disturbing my co-workers...I don't believe that any complaints are coming in from others.. Jeff Vp does walk by my desk daily going to and from his office far away from mine, but the door to stairwell is close to me....perhaps he is complaining. Now on the other matters that the new coach using verbal abusive language in our private one on ones, which I just took to HR, and I tell HR, i believe that JEFF VP has given him verbal approval to wear me down to quit or keep me so upset until I make a mistake and get fired.

HR says that is crazy, he has more impt issues to deal with. I haven't mentioned the desk problem in my letters left with hr re. months of berating coaching and my 18 + yrs of great work history 9-10 out 10 ratings from the members that I speak coach is slaming daily for silly small stuff that all of coworkers do, but he is focused on only listening to my calls. HR says Jeff doesn't anything to do with the ee's in your dept, I said his position would intimate the coaches under him, if he said, hey,let's pressure Jeannie, not give her the desk she wants, wear her down with the new coach, whom has never done my job, so HR of course would not consider that JEFF telling a coach I want her out of here,,,,is any possiblity...HR is stating the order of hierachy there and Jeff would not be involved with the ee's in our dept...I SAY , YES IF IT WAS PERFECT FAIR WORLD....which we all know this goes on everyday in every co. I don't think there is any sexual thing going on with JEFF/Diana, Diana has never been married,been living with a guy she meet 5 yrs ago, he is now 89yrs old wealthy, his wife passed away yrs ago, Diana is 52...pretty, but gotten very fat....Jeff is a gay, short funny like able, but maybe ...there is more there sexually...Diana is the person in the dept...that 'STIRS THE POT" GETS TO KNOWS EVERYONES private lifes, shares it with others and a great manipultor...tells us all the emails jeff sent while working in IRLAND, LOVES to tell all how she is in good with the vp, but then laters says, I don't know why the co. does this or that, everyone thinks that JEFF TELLS ME THE INSIDE STUFF, BECAUSE HE DOESN'T....I KNOW THIS SOUNDS LIKE A CAT FIGHT....I WAS HER FRIEND WHEN i FIRST STARTED THERE, BEING DIVORCED AND SHE SINGLE WE WENT OUT A FEW TIMES, BUT WENT SHE GOT DRUNK ONE NEW YEARS EVE, And I was paying for her and me to go to a comedy club, getting 1st row seats, when we arrived, she was so drunk that she was told by the owner to quiet down or you are out of here....we were escorting out....I drink very little, never been drunk outside of my home...and I tell my grown daughter....i just got kicked out of this comedy club that i spent 100.00 to attend..So she is somewhat of a gold digger, I am not jealous, just frustrated that she can weave her stuff around and get the power from a VP and let us all know, but then we we get wise, she backs off and says, oh Jeff and I hardly ever talk any more. She loves to stir the learn to stay away, and then she will crept into your business thru some new ideas she wants to share and then you realize that you have gotten caught up in web again...Diana somehow had previous knowledge that a fellow ee was going to be fired...I was not in the office on a Friday, Adam, a fellow, good emplyee,got fired (rightly so), but Diana emails Deni early am (diana worker from home) asking is "adam there", Deni replies yes, why" Diana: oh just wondering, 2 hrs later, ADAM has been called down to one has noticed, Diana sends another email to Deni asking "is anyone cleaning out there desk?" How would Diana know this....she and Adam have had fights lately over her stiring the pot and not speaking. I believe JEFF being native to her interacting with others is unaware of true nature, and in his defense, if he knew that she lets stuff slip...he would never tell her anything....that is my believe....I know this is all very cady sounding but that is hard to ignore, giving the past history working with these people...Jeff has never known other hi, good by, and certainly doesn't seem so neutral to me anymore,,,,,as if she has tried to inflence him away from me to get back at me for wanting to stay out her way, because she is so conniving, back stabbing, but enjoys her palaying with her power by knowing A VP for years before he began a VP. I don't know that JEFF has anything solid against me, can't see any reason why he would, \only possibly thru the influence thru Diana. I will HR arrange a mtg with Jeff the VP AND ME AND HR...and shouldn't I tell him what I have said here, or not? Do you see any violations, ADA, EQUAL RIGHTS. ETC???

Hello Linda,

Unfortunately, I really don't see any discrimination against you that occured due to discrimination based on your disability or another protected characteristic.

It does seem that you have a number of issues with your co-workers, but this is a normal development of working with people over the years, and nothing that you mentioned really presents any viable cause of action, since nothing you mentioned is illegal.

You should definitely alert your employer to your disability if you haven't already. You should also request a reasonable accomodation (such as different placement in the office, or other modificiations that would help you hear and prevent you from speaking too loudly in the workplace). You need to ensure that there is a record that your employer is aware of your disability.

If your employer then fails to accomodate your disability, you can file a complaint with the Department of Fair Employment and Housing using the information available online here.

The Department of Fair Employment and Housing will investigate the complaint on your behalf and either file suit on your behalf or issue you a right to sue letter so you can pursue your claim against your employer trhough a private attorney.
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

yOU said you did not received the question that i sent before the ? re. the desk/ada violation. My new coach has, behind close doors been giving my feedback on my "one on one" in a very verbal abusive manner ( regular mts regarding my calls which are recorded). This new coach had never had experience doing my job, where I call out to talk with members, who are not expecting my call to either explain their new membership or to ask them to renew their mbsp. This is a tougher call, done this for past 16 yrs along with about 10 other workers. The Co. know this a much higher stressful job and our schedule are 6 hrs x 5days = 30 hrs per wk. The dept. my coach came from was INBOUND, where he works 8 hrs a day x5=40 wk. That is always the dept new ee's start in and have to do a "challenge" for 8wks doing my job before you can promoted to that position...In order to be part of the "challenge", you have to be invited bases on your track record by current managers. I believe I have had to endure months of taking these non productive verbal abusive remarks from a coach due to 1. he has never been trained how to motivate, non threatening manner, nor unaware of ADA rights...which would the fault of the Co. for letting him attempt to coach me in a respectful and professional manner. or 2. has my coach been giving a verbal directive from this VP to badger and pressure Jeannie to quit her job, therefore, feels that he can be so abusive, knowing that high up has his back. Because I am getting overly exagerated comments on typical common errors in our daily jobs plus repeated emails saying lower your voice, when I have signed copies from those ee's sitting around me that my vopice, on occasions get loud is not interrupting what so ever. The VP does walk by my desk in order to reach his office, so perhaps the complafints are coming from him... So I made the best solution when I asked to sit in the desk w/the window pane, but it remained empty until, Friday, when they place another co-worker.

1.issue verbal abuse from new coach, 2 possible ada issue,3 if i have many things to point out that the coaching, ada problems...suggests that VP is pushing these issues, possibly he is unaware that i have ADA on record with HR FOR past yrs.


Customer: replied 4 years ago.

I have troubling with your site, I did reponse to this letting you know that I had sent the more impt issue that I have having due to the verbal abusive and continuous berating while on the phone trying to do my job from my new coach, along with the ada issue/ have you recd this piece yet?

Sorry, I don't see a follow up question in your reply. Did you have one?

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