Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

Single mom with 2 boys with several chronic medical issues

Customer Question
works full time. i have...
single mom with 2 boys with several chronic medical issues works full time. i have bipolar anxiety ect well documented history. one son recently diagnosed with complicated chronic gi issues and took fmla, at same time was asking for help in my lab due to getting more paitents which was forewardned by me for months in advanced. resulting in missing breaks and overtime almost every day. i ended up taking a medical leave due to stress, came back same day was aproached to close my lab and downstairs lab all by myself due to closer calling out, done this before very hard i relied i canot due to my own responsibilitys (first time i said no)was continued to not be heard or suggestions to help with keeping up i came u with clear suggestion that was done at other sites, and was after a long while was recieved relif while i take break. but no pm. continued to complain and i even notifred this is unhealthy enviroment im so tired end of day names look same im afraid im gonna mess up, (very clean record mind you)i had to take 7weeks of fmla due to many many appointment hospitalisations treatments procedures with my son. ran out of money. came back to work to find ojut they closed my lab stating they came to a conclusion it was too much for one person,felt acknowledged, moved me to downstairs out pt lab very busy muliple accounts worked there numerous times. but not as a permanent. we have a dos mode 1984 lab info system ive always had issues with and now when i am put in that posistion for 8 hrs straight my mind goes blank ,as more and more pts are coming in. i end ups crying and get rekieved to compose self having a haed time composing self. brought issue up to boss and was ok so feel better ?
i researched and found out i was protected under ADA and am aloud to ask for an accomidation, turned down stating thats my job discription, i aknowledge and confirmed that i am cappable but not all day. i found out that it doesnot say anywere in my job discription to perform registrating pts for 8 hour straight. i know this is the only lab that rotates positions daily. ive worked all up to 15 dif sites . i mentioned ada and now my boss is letting hr deal and was told same thing that i have to do it! knowingly i have panic attacts latley registrating pts, next day was told im registrating for the day i gave it my best shot and lasted 30 mins! could not conduct myself and notifed boss and called my phyc to make asap appoint. boss let me go rest of day off came back feeling better and meeting with hr and boss told me i can either take time off or go back to work continuing all positions. i of couse took leave when he said a couple days and instructions to do in order to come back. i followed threw and even handed in release back to work. boss didnt like that release didnt say ready fully funtioning, resulting in day after day put off and now its been almost 2 weeks and was now notifed going to be a couple more so they can figure it out. i even showed what accomidations requesting from th jan website and its not undeu haedship told them why its not gonna cost anything. and what im asking for is small and they still wont budge. was also told that my fmla is running out .28 left and anthing after that will be considerd short nitied and subject to disiplin actions. so if i take my boy to his weekly medical appointments and now mine due to all this stress, i wont be protected! i feel like im going crazy with all these unnessesary road
. blocks. so now what was supposed to be 2 and half days off now is going on for 2 weeks! no pay and using my fmla what i had left! is this qualify for a discrimination claim with EEOC or am i screwed? please help im desperate
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 hour by:
11/5/2015
Employment Lawyer: Gerald, Esq, Attorney replied 2 years ago
Gerald, Esq
Gerald, Esq, Attorney
Category: Employment Law
Satisfied Customers: 4,593
Experience: Over 30 years of experience
Verified

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

It sounds like your employer is in violation of both the federal and state laws that protect employees with disabilities.

You have a number of avenues that you can pursue:

1) You can file a complaint with the federal EEOC.

You can file the complaint here:

http://www.eeoc.gov/contact/index.cfm

This link provides detailed information on the federal law:

http://www.eeoc.gov/policy/ada.html

2) You can file a complaint with the Washington State. You can file a complaint here:

http://www.hum.wa.gov/ComplaintProcess/Index.html

Here is detailed information on the Washington State Law:

http://www.hum.wa.gov/faq/faqdisibility2.html

Please note that you may be able to file both complaints together through the Washington State Human Rights Commission. Call them here to discuss that:

http://www.hum.wa.gov/ContactUs.html

3) You may also be able to bring a private lawsuit. Most attorneys who do this work will meet with you at little or no cost to make an initial assessment of your case. Please note that you do not need an attorney to file the complaints that we discussed above, but they can still be helpful to you with the process. You can find an attorney through this link:

http://lawyers.findlaw.com/lawyer/practicestate/discrimination/Washington

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Ask Your Own Employment Law Question
Ask Gerald, Esq Your Own Question
Gerald, Esq
Gerald, Esq
Gerald, Esq, Attorney
Category: Employment Law
Satisfied Customers: 4,593
4,593 Satisfied Customers
Experience: Over 30 years of experience

Gerald, Esq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I am trying to research any cases involving the ADA and
I am trying to research any cases involving the ADA and women who are missing time from work due to menopause … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have filed a complaint with EEOC under Age discrimination
I have filed a complaint with EEOC under Age discrimination and harassment. Had to resign from job at State agency 2 weeks after receiving PIP due to continuous harassment for more than a year, have w… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I reached an ADA settlement with my employer 3 years ago.
Hi, I reached an ADA settlement with my employer 3 years ago. They now may be breaking the terms of the settlement. Does a settlement become an employment contract when it involves reinstatement in re… read more
Gerald, Esq
Gerald, Esq
Attorney
4,593 satisfied customers
I have a question about unemployment benefits and EEOC
i have a question about unemployment benefits and EEOC procedures … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Under the FMLA can an injured worker who is a qualified
Under the FMLA can an injured worker who is a qualified injured worker be placed in a position that will displace a regular associate already in that position? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
Is asthma covered in the ADA in regards to my job? stare. At
Is asthma covered in the ADA in regards ***** ***** job? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
I asked for FMLA PAPERWORK AND WAS FIRED. Arkansas I am also
I already have intermittent FMLA for narcolepsey and am covered by the ADA. I was fired because they said that I was over the companies 80 hour rule. However after further investigation. I was actually at 79.25 hours.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
EEOC said they do not have jurisdiction and I have the
EEOC said they do not have jurisdiction and I have the letter for right to sue and only have 90 days to file suit. Should I still have an investigator ??… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
34 satisfied customers
After having filed an EEOC discrimination complaint at
After having filed an EEOC discrimination complaint at Texxxxxxxxx xxxxxxx xxxxxx - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it a requirement in Florida to file a compliant with EEOC
Is it a requirement in Florida to file a compliant with EEOC first, before filing a lawsuit against a former employer for age discrimination?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers
I am preparing a rebuttal to a position statement in an Eeoc
I am preparing a rebuttal to a position statement in an Eeoc charge of discrimination and retaliation. I have so much detail facts documents. Is it better to use a “shot gun approach” or more focused … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,173 satisfied customers
As to our last conversation in July, I was approved for ADA
Hi Doug,As a follow up to our last conversation in July, I was approved for ADA protection for my degenerative disc disease. My condition continues to improve, more slowly than hoped for, but it is im… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am considering filing an EEOC claim of discrimination and
I am considering filing an EEOC claim of discrimination and retaliation. My employer was going to terminate me, but said I could resign instead. I had about 30 seconds to decide. I wrote a resignation… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers
I submitted FMLA paperwork for reinstatement of my FMLA and
I submitted FMLA paperwork for reinstatement of my FMLA and it's been 8 days. I haven't received approval, denial or a request for more information. How long do I have to wait for an answer either way… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
I went to the EEOC for age discrimination. They in turn made
I went to the EEOC for age discrimination. They in turn made me sign an AOF retracting it for 90 days severance. I felt I was forced to resign … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have ADA accommodations for Dr Appts and FMLA approval 4-5
Hi. I have ADA accommodations for Dr Appts and FMLA approval 4-5 days a month. Monday I sent email to my boss saying I was struggling with my mideical issue. They continued with their emails questions… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I currently have 2 ADA discrimination charges and a
I currently have 2 ADA discrimination charges and a retaliation charge agains my work. I have decided that after 1 year of them NOT accommodating me under ADA, I must resign. … read more
Bill Attorney
Bill Attorney
law
1,607 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x