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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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Is there a case for "constructive discharge" under the

Customer Question

Is there a case for "constructive discharge" under the Americans with Disabilities Act?
My disabled son worked as a cashier in the employee cafeteria of the Gaylord Texan Resort and Convention Center for six years. During this time he received favorable performance evaluations.
Just over a year ago the resort was bought out by the Marriott. His manager changed and he began to receive an erratic work schedule: He never knew his schedule until Saturday, it ranged from starting at 5 a.m. to beginning at 3 p.m. He always had to work on Sunday, even though he repeatedly requested to be allowed to attend church. (Because of his deafness, the LDS church is the only social outlet he has).
Things became worse until finally he was assigned to work the night shift alone with no extra assistance. He requested transfer to another department and thought he would be able to get that job. The situation become so stressful that he resigned.
This makes him ineligible for any unemployment insurance and he is now living on a small SSI check of $730 a month.
Who do I talk to about whether he has a case for "constructive discharge" under ADA?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 2 years ago.

Thank you for your question. Please permit me to assist you with your concerns.

Hi, I am sorry that this took place. How long ago did your son end up resigning? I ask because this is a potentially time sensitive issue. Please advise.