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In May 2017, I went into renal failure, and now have to do…

Customer Question
In May 2017, I...

In May 2017, I went into renal failure, and now have to do dialysis. I have worked at the same company for 20 years, but in September, my supervisor started making mean comments to me, then wrote me up for what she said were work related issues. I disputed every one, even wrote my own memo rebutting hers. I thought she would drop it, she even told me if I improved, she would, but then last Friday she unexpectedly called me in, and wrote me up for different performance issues. I'm writing another memo to hers, again rebutting everything, even got HR involved this time, they are going to open an investigation, but now considering filing a complaint with EEOC or hiring a lawyer, as I'm pretty sure I'm going to get fired within the next 90 days!

Lawyer's Assistant: Have you discussed the EEOC case with a manager or HR? Or with a lawyer?

No, I haven't mentioned it to my HR, all this just happened Friday

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No I don't

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm on intermittent work leave through FMLA, but I still have way to much work to do, all of us do there, no-one could handle the amount of work we have.

Submitted: 6 months ago.Category: Employment Law
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Answered in 1 minute by:
12/21/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 6 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,377
Experience: Significant experience in all areas of employment law.
Verified

Good evening and welcome. I am very sorry to hear about your health issues and the way you are being treated at work. If I may ask, what specifically is your question here?

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Customer reply replied 6 months ago
Do I have a good case to file an EEOC complaint? And do I need a lawyer for this?
Employment Lawyer: Patrick, Esq., Lawyer replied 6 months ago

Thank you.

Whether or not you have a good case depends completely on the evidence you have to support that your employer is treating you this way specifically because of your medical condition. If your employer can prove that you are being treated this way because of legitimate problems with your performance, then it is unlikely that you have a case because having a disability does not excuse an employee from meeting the performance requirements of their job. You need to show that you are being held to a different standard and that the reason for this is because of your disability.

If you can show this, then you have a good case and would want to move forward with an EEOC complaint. Ideally you want a lawyer before you even file your complaint with the EEOC, but often times it is easier to find a lawyer on contingency once the EEOC has completed its investigation and made a determination of probable cause regarding your claims.

I hope that you find this information helpful. 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.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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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).

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