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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12801
Experience:  Significant experience in all areas of employment law.
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Recently I had an exchange of words with a consultant. The

Customer Question

recently I had an exchange of words with a consultant. The result was a memo sent out to all that was specific to the point where every employee knew who it involved. It kind of made me feel personally attacked. I also happen to be protected by ADA, and while the conversations were not about my disability I can think of no other reason why the would get so personal in an office memo. There is a difference between being specific and personally attacking someone. Can they legally do that?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: California
JA: Is the employment agreement "at will," union, full time or part time?
Customer: At will part time
JA: Anything else you want the lawyer to know before I connect you?
Customer: If they are doing something wrong what can I do about it because I feel like I'm being treated unfairly
Submitted: 4 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 4 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

This sounds like a very unfortunate and frustrating incident. However, it does not seem like something that would be legally actionable. For one, there does not appear to be a clear and provable connection to your disability. Without that (and the burden of proof falls on you), the conduct you are describing is not illegal. Upsetting and unprofessional, yes, but not against the law. Second is the question of damages. Unless this incident has caused you to seek mental health counseling, become diagnosed with depression, suffer panic attacks requiring hospitalization, or something else along these lines, your emotional distress damages are just not going to be enough to justify spending a year or more suing your employer over this incident.

So, really all you can do in a situation like this is attempt to deal with it on an interpersonal level. This means explaining privately to the person who sent the memo why it was upsetting and unnecessary to draw so much attention to this incident and that you would prefer them not to do this next time. Turning this into a disability discrimination allegation is probably not a good idea, both because such a claim would be impractical to pursue, and because you don't want to throw around such an allegation without adequate proof of a connection to your disability.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.