Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I'm not sure but I need to know if there is a pro bono

Customer Question
Hi, I'm not sure but...
Hi, I'm not sure but I need to know if there is a pro bono employment lawyer in Thurston County
JA: Have you documented this or discussed it with HR?
Customer: Yes, I was told I had to sign a resignation form that says "termination" all over it and they will give me a month severence and my benefits until the end of the month, or be fired
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, I advised my employer that I am covered under the Americans with Disabilities act due to depression and high anxiety and they were supposed to make reasonable accommodations for me but they said they could not make accommodations for stress. Then suddenly I was being written up for not doing my job, employee complaints against me and customer complaints against me
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
10/10/2016
Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,082
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome. I am very sorry to hear about all this. Did you have a specific question for me? We cannot refer you to specific attorneys, but I am more than happy to answer whatever specific legal question or questions you have. Just let me know...

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
Did you read everything I just typed?
Customer reply replied 1 year ago
This is a nightmare. I just need someone to help me and everyone just wants money. Nevermind.
Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago

I read your original post, but you were not asking a question there which is why I asked for clarification. I also read your new post in the separate question, thread, which I closed to avoid confusion with duplicate questions. There you stated:

" I was told to sign a resignation and agreement to terminate employment or get fired. The agreement gives me one month severence and benefits until the end of the month. I told my employer that I fall under the American's with disabilities act back in May or June of this year and then filed a complaint against a coworker. After that, I got in trouble and was told there were employee complaints against me as well as customer complaints. After multiple times of asking, I was never told what those complaints were, nor did I receive a copy of them. Since then, I have been told I do not perform my job adequately enough, even though they know I have memory problems and anxiety and could have adjusted my work flow to help with that. I was given last Thursday and Friday off to make a decision and talk to a lawyer. It has been hard to find a lawyer. It seems strange they would office such a nice severence. Why didn't they just fire me or do I have some sort of case against them?"

But now you are saying nevermind. Are you still looking for assistance? Please let me know...

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
I'm looking for assistance. I'm on a time crunch now because they are saying they are going to fire me now, which means no benefit package or anything. I've been doing this all day and hitting dead ends and I'm upset and just don't know what I'm supposed to do.
Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago

Okay, no problem.

First, simply because you are being offered severance does not necessarily mean you have meritorious legal claims, let alone does it mean you have claims that are worth substantially more than the amount in severance you have been offered (obviously it makes no sense to pursue a legal claim unless you stand to recover much more than you are being offered in severance). Employers commonly offer severance for the benefit of closure and to avoid frivolous lawsuits. This is not to say you have no legal claim, but rather to explain the completely legitimate reasons why your employer might still offer you severance even if you didn't.

As to your legal options, the claim that would be most likely is a claim for failure to "reasonably accommodate" you under the ADA. To prevail on such a claim, you would have to demonstrate that your employer could have modified your job duties to accommodate your disability in such a manner that you were able to adequately perform the essential functions of your job. Note that eliminating core functions of your job or changing the performance standards for you would not be a reasonable accommodation, as the point of a reasonable accommodation is that it allows you to perform all the essential responsibilities that you were originally hired for.

If you did desire to forego the severance option and pursue a lawsuit instead, you would need to start by filing a complaint with the Equal Employment Opportunity Commission, which you can do here. The EEOC will investigate and attempt to mediate a resolution with your employer. That not forthcoming, they will either file a lawsuit on your behalf or issue you a "right to sue" letter, which will enable you to sue in civil court with the assistance of an attorney.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Ask Your Own Employment Law Question
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 13,082
13,082 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, 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

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 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

3,773 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
After having filed an EEOC discrimination complaint at Texas
After having filed an EEOC discrimination complaint at Texas A&M University - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of Me. (… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was wrongfully terminated from my job. There is a possible
I was wrongfully terminated from my job. There is a possible sexual harassment charge involved as well. Please help me. Thank you. … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,188 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
886 satisfied customers
I went to EEOC and they said my employer was guilty of
I went to EEOC and they said my employer was guilty of assault, such as snapping his fingers in my face, closing me in a back room of the business, leaving me incoherent in my car when I was sick. Is … read more
socrateaser
socrateaser
1,031 satisfied customers
Are 1099 employees (realtors) covered by the EEOC. HR. W-2
W-2 employees are "at will". Question is whether the 1099 realtors are. Does their Independent Contract need to state "at will"? Also, when interviewing IC's do our managers need to stay as compliant as with interviewing W-2 employees … read more
lucy7368
lucy7368
Juris Doctor
763 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
6,878 satisfied customers
I have reported to the NC EEOC that my former employer
I have reported to the NC EEOC that my former employer interviewed applicants and made offers before jobs were posted, and I have reported to ICE that they have knowingly employed illegal immigrants, … read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
EEOC complaint against an officer of the US Public Health
EEOC complaint against an officer of the US Public Health Service. I am not a federal employee, a civilian. Incident was less than 45 days. WDW … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
I have a question I was out for ADA leave until August 11 of
I have a question I was out for ADA leave until August 11 of 2017. Due to a car accident My employer just today put me on performance improvement plan (PIP) for the last 60 days. which cover the month of August and September meaning that covering the time while I was on leave. … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,082 satisfied customers
I went to the eeoc and they told me to go to hr I did that I
I went to the eeoc and they told me to go to hr I did that I asked for a meeting with hr & management they did not respond at all, until on a Tuesday they show up at my job site unannounced I had no i… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,082 satisfied customers
I submitted a EEOC complaint that was intricated had many
I submitted a EEOC complaint that was intricated had many details and the EEOC dismissed it and gave a notice to sue. what should I make of this … read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
I recently filed an FCHR/EEOC complaint with an employer
I recently filed an FCHR/EEOC complaint with an employer where I am a part time employee. They just responded and facts are untrue. I have my performances review today with person I filed claim agains… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,082 satisfied customers
Who do I talk 2 if I was wrongfully terminated with no
Who do I talk 2 if I was wrongfully terminated with no explanation … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 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
886 satisfied customers
I have a question about an ADA approval. To both. At will
I have a question about an ADA approval JA: Have you documented this or discussed it with HR? Customer: Yes To both JA: Is the employment agreement "at will," union, full time or part time? Customer: … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
I have a question. If I request ADA accommodations. Does my
I have a question. If I request ADA accommodations. Does my company have to leave me in my current job until they find accommodations. The reason I am asking, the company wants we to move to a differe… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
I think I fall under The ADA Laws, and would like to get a
I think I fall under The ADA Laws, and would like to get a Lawyer in Washington, DC. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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