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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 2982
Experience:  associate attorney
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I live in NV. Have worked for a public company since 1999.

Customer Question

I live in NV. Have worked for a public company since 1999. Steady decline in relationship with boss for 2-3 years but HR never involved to my knowledge (no written discipline). Harassment from her (president/COO) and a VP (man) has become unbearable. I've been diagnosed with and am being treated for anxiety and depression for years and have disclosed that to both boss and former HR director. A week ago, I decided to talk to HR about my anxiety and depression and that it contributes to my tardiness issues and when I am being treated badly I even have panic attacks and have to go home or miss work. HR told me this was confidential but she told my boss and since then there has been clear and definite retaliation (I have read extensively on the EEOC website and I am 99% positive I have a legitimate claim). My problem is that my employers are very well connected and I work in a very small town. If I seek legal advice I'm almost positive they will find out. I also don't want to file an EEOC complaint if I don't have to. Lots more details need to be talked about in person, I will require a phone call I can't type all this out.
Submitted: 10 months ago.
Category: Employment Law
Customer: replied 10 months ago.
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Expert:  Christopher B, Esq. replied 10 months ago.

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If you have a disability, you employer has to provide you with a reasonable accommodation. Your employer cannot retaliate against you for this as it a legal right under the ADA. Understand that your boss can be mean and abusive and it is your right if you are an at-will employee to find new work. If the abuse becomes excessive the you could have a cause of action such as libel or slander under principles other than employment law. In order to have a cause of action under employment law, you need to be discriminated against because you are part of a protected class (gender, age, race, etc.). You would be a member of a protected class if you have a disability (your depression and anxiety would count). So if this abuse is stemming from that then you would have a cause of action against your employer but you normally need to file an EEOC complaint or a private complaint and retain an attorney so if that is not what you want to do it could be difficult. So if this abuse is because of your disability then you have a cause of action if not, you might not.

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