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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20225
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Illinois attorney: i was suspended under false claims

Customer Question

i was suspended under false claims made by my suervisor without pay, I aksed for a written reason and they refuse. only verbal reason given. I also disclosed I have a disability (mental ) and am seeing my dr tomorrow for a diagnosis for the employer, they asked me to come back to work after the dr, however I told them i would ask my dr for his advice and call them after the appt. ( isuffer from anxiety) and I told them I have add. but i have major depression and dr said my concentration can be a part of the depression i have when triggered by anxiety. I need an expert in Illinois State

Submitted: 2 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 years ago.
Hello,

Thank you for the information. Can you please tell me what your legal question is? Also, what State do you work in and are you in a union? Finally, briefly what is the false claim your supervisor made.
Customer: replied 2 years ago.

I work in a private owned co. non union. I live in ILLINOIS. Can they suspend me verbally and refuse to provide a written reason as well. My supervisor said i told her in response to her question "do i have to draw you a picture'? She stated the HR person over heard me. After asking the HR person who denied hearing me, only being told that is what I said by my superivsor they sent me home. I have Major Depression and have stated to them i have ADD/disability, to which just monday they asked for a dr. diagnosis. I am going tomorrow, I also stated I am being discriminated against for this disability and being treated unfairly after being falsey accused. My Mgr, said I was sent home yest because of my "state of mind" and to "give me time to reflect on what happend"?

Expert:  Marsha411JD replied 2 years ago.

Hello again and thank you for your reply. To answer your question, yes, in general, absent a contract that states otherwise, an employer can discipline, suspend or terminate an employee without giving any reason, written or otherwise.

Therefore, unless the evidence shows that you have been targeted because your employer considers you to be disabled, or because you are disabled, they could take such action even if it was unfair and misguided. However, if you believe that you are being targeted not for insubordination or what your employer believes to be an unprofessional attitude, but instead, as I mentioned because of the disability, then you have a right to file a formal disability discrimination complaint with your HR Department. If they do not resolve the issue, then you can file a complaint with the Illinois Department of Human Rights and/or the EEOC.

Please let me know if you need any clarification. I would be glad to assist you further if I can.

Expert:  Marsha411JD replied 2 years ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 6th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.