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Ask Tina Your Own Question
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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If I have a developmental disorder, a learning disability with

Customer Question

if I have a developmental disorder, a learning disability with characteristics of autism. And I was harassed severely by management. I spoke to upper management about it, who was aware and at times participated in this harassment. I was written up and sent when the management said they would not stop making fun of me. I was wrongfully terminated a couple of weeks later that I would argue is retaliation. I filed a complaint with human resources who contacted the owner of this business. Since this company is a Franchise. I told him everything and threatened to take legal action by going to department of labor and the EEOC. I was offered my job back. But upon returning to work my hours were serverily limited. Each time I asked for more hours my hours was cut even more. I finally asked if this was because of my wrongful termination. My manager then told me that they do not have to give me any hours. I was able to get a few extra shifts by works calling out, and my manager threatened to change the store policy to where nobody could call out except for extreme medical emergencies so that I could not get extra shifts. They also threatened to cut my hours even more. And told me to go get another job. I then went to the owner again and he agreed to give me full time hours but zero reimbursement. The very next day the general manager who had been denying me hours along. Makes up brand new rules, that I was never notified about or the penalty for breaking them. But tells me of these new rules and that i am breaking them and takes two days off the schedule. I wait a couple of days and text my boss asking what these new rules are to clarify as to why im loosing hours. And she puts the answer in the text message. I then quit. And I currently have an attorney. But I am very unsatisfied with my attorney for numerous reasons. Not trying to bad mouth them. But I sent him extremely detailed email or serries of emails with dates of when things happened extc. And he messed up my EEOC charge form twice. The first time he emailed it to me to sign and fax back. And the dates on it were wrong. One of which I never sent him. And also he put some stuff there that was just not accurate. I notified him of these mistakes the first time and he said he would correct it. He corrected some mistakes, but again has the dates wrong. And also puts stuff in there that is just not accurate. Here is my question, or first question. Could that get my case thrown out and or cause me to loose? If my EEOC charge form is not correct? i would think it would. Especially since, I filed a complaint a week or so before I officially quit and sought after an attorney. my attorney has my EEOC charge that I field late in February. Also my attorney says that it would be incredibly difficult to get emotional damages for my managers making fun of for my disability. Ive read online and it has been published and is a medical fact that people with my disability, especially because it causes social awkwardness, suffer from depression. I was made fun of management at my job, I told them to stop repeatedly to stop and they would not and then broke the law to fire me. And go back and my hours were cut. This caused me tremendous depression. It sucked the joy out of my life. I even went to counselors years before this speaking about depression. I even started seeing a chiropractor for minor back problems before I officially quit working for this company. I was scheduled for a certain number of visits to correct my problem. By the time my visits was up, my problem had not gotten better. And he even said it because of stress from this work situation. I have not gotten better and my chiropractor says it because of all this stress. And my current attorny who I think sucks, tells me that he thinks it would be to hard to get any kind of emotional damages. All he wants to ask for is lost wages. and after he takes his 40% of my settlement. I am left with almost nothing. Not to mention that I made around 30 thousand dollars a year and he doesnt want to ask for hardly future wages and the job I have now if I were to stay id be making around 15 thousand a year. So honestly I want to switch attorneys. But please tell me with this situation can I or should i be getting at least some king of payment for emotional damages? And I know by law I can switch attorneys, but what should I do about switching attorneys? anybody want this case or at least want the details?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I'd be glad to discuss the situation with you and I have a lot of trial experience on employment law matters as well as other types of cases. However, you are likely not going to like some of my answers and sometimes customers choose to give negative ratings when the experts tells them answers they don't want to hear even when it's the truth. If you prefer to work with someone who is going to tell you something you want to hear as opposed to something that is correct, please let me know and I will opt out. Otherwise I would be happy to tell you my opinion as to the case and why I have that opinion.
Customer: replied 1 year ago.
Customer: replied 1 year ago.
Expert:  LawTalk replied 1 year ago.
Good afternoon,As you have asked for a new answer, I am prepared to do that for you. I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs.I have been a licensed, litigation attorney for more than 30 years, and I have handled several thousand cases, including numerous employment discrimination cases. Given the complex facts you have provided, and the amount of back and forth that will be required to fully understand your situation, what you are asking for is all but impossible to respond to adequately in this written format, and in my experience is only practical to approach in a phone conversation.If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. If you are not interested just let me know and I will be happy to opt out. Perhaps someone else would be willing to tackle your request. Doug