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I have a situation at work regarding ada discrimination,

Second opinion] I have a...
Second opinion] I have a situation at work regarding ada discrimination, harassment, and other issues pertaining to my job. I am being singled out. I am facing termination from my employer. HR is investigating this. They will let me know their decision this week. This has ben ongoing. Who can I chat with in herefor some answers? I am basically fighting for my job, and have made it clear to the company to resolve this or I will purse action if I am terminated. Anybody knowledgeable with AZ laws?
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Answered in 16 hours by:
3/11/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,570
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

ADA is a federal law, so AZ law does not differ from other jurisdictions in how it is pursued. You have done all you can within the workplace at this point. You have to wait out their process and let it fall where it is going to fall.

If they do not decide in your favor, you have warned them and that helps your claim. You just have to make your allegation to the EEOC in your state and allow them to investigate the situation and work to resolve the problem. There really are not any tricks or actions for you to take beyond what you already have.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,570
Experience: Employment/Labor Law Litigation
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Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you for your reply. Here are the issues I raised with HR. Perhaps this will give you more insight on how this may play out with HR's decision.1) In January, my supervisor was worried about me using company sick time because it affects her team's numbers. My leader sent me this in an email. She insisted I keep coding my time out of the office "ada" until I returned, to talk about this. ADA time does not affect the department. Upon my return, I discovered my boss went to the leave of absence team, the ada team and payroll. She advised them not to change any codings back. After I emailed everybody involved how this was interfering with my ada rights, I received the email apology from payroll.2) the company has had ongoing severe system issues with people who work from home. The phones drop, the system drops, etc. I have saved several hundred daily team chats with everyone stating this. Even the vp of the department last fall sent a communication to everybody acknowledging first hand how he is aware of this and sees it with the virtual folks. They blame it on everybody's internet and phone provider, which we know is all bs. I even call my provider and they have not had one instance of any issues on their end.Because of this, last June they told us to start putting our phone into "aux" if we have to relaunch a program, phone software, etc. They told everybody it would not count against them. 6 months later, I am written up for abusing it! Other people on my team were not written up, only a warning. I have these chats as well. Last August, 2nd level IT looked at my pc and determined it needed to be escalated to a 3rd level IT. To date, this has not been done. Also, it was recommended IT reinstall the phone software on my pc which has helped other peers. This also has not been done. I raised these issues with my leader and our homebound SME team. Everybody blames it on my internet provider, which I have verified it is not. Before they changed over to this new system, my "Aux" was where it needed to be. I have reports confirming this. I was disciplined and nobody else was, and to wait 6 months but it was never an issue beforehand. Leaders get reports daily, hourly, to keep things under control.My leader also included on this level 3 write up, timekeeping issues. She gave me a warning mid October, but I had a reoccurence a week later. She waits 5 weeks to write me up. During this time I was making mistakes, my schedule was changed under my ada accomodations. I voiced this to my leader and the ada manager what was going on. I have medical documentation, which they have never asked.During the conversation of this write up, my leader told me " I am very high maintenance" because of all my codings (systems, ada, etc).My leader has never acknowldeged my annual anniversary date with the company or birthday. But she does so with everyone else on our team. Not that this is a big deal of it, but I am being treated indifferently because of my ada accomodations.Prior to this leader, my old manager harassed me for using ada time, etc. It was way worse. She outright told me this. I went to her leader, and he did nothing.Everyone tells me basically I am a pain in the butt employee because of my ada in place. If I didn't have it, things would be okay. Even upper management has told me this in the past. I have previous instances of old managers physically stalking and harassing me over ada breaks in place. This one even went to my ada manager and attempted to get my medical information but was cut off.I can go on and on with this, but have told hr if these issues are not resolved from current manager, I am filing a suit and going to eeoc.
Customer reply replied 4 months ago
Please advise here if a phone call is not feasible. I am available right now to talk.
Joycelaw
Joycelaw, Attorney
Category: Employment Law
Satisfied Customers: 120
Verified
Phone call session started

1. This is certainly a concerning practice and should be raised with the EEOC.

2. This seems what we'd call a pretext for discrimination, where they try to make up a "good reason" for their treatment.

I certainly understand that you may have a lot more to discuss, but nothing you say here will alter the course that you need to take. I need no further confirmation. You need to take this matter directly to the EEOC.

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Customer reply replied 4 months ago
Thank you Allen. I did request to speak with you via telephone when this was offered during this "chat".Due to the level 3 in place, I fell into low performer the end of February. This makes me eligible for termination. I did raise this with HR a week ago and they told my manager to hold off on taking any action until they compete their investigation. I am to hear from this week.I have been with this company several years and want to stay onboard. I am not sure what hr will decide to do, but based on my initial conversation with them, they stated there are a lot of concerns.I did reach out to the ada manager directly, to have the timekeeping issue reviewed and excluded from the level 3, she said it is out of her scope as it is an ER issue(HR). I had a meeting with HR Friday morning. I think this person finally "got it" and said she would reach out to the ada manager and get back to me. At first, she did try passing it off as nothing other than a policy but went into greater detail to back up why this should be removed. I am not feeling this is going to go over well for me, so I have been appying for other positions outside the company just in case.
Customer reply replied 4 months ago
I told HR I have several hundred emails just for the system issues and team chats with everybody showing how this affects everybody on a daily basis repeatedly. They also know I have several hundred more emails form the other instances, including this current leader I report to, and the old ones. Plus, several notepads with notes and documentation. I gave them everything to a T, so they can't say I fabricated things. I did not give everything to protect my claim if I have to defend myself.I initially reached out to our corporate HR office out of state, but was referred to our local office. The reason I did that was because the hr service group failed to address things in the past with ada discrimination, etc. I told the local team what happened and the person in "their" office brushed that off as a he said/ she said.
Customer reply replied 4 months ago
Anything else I can do in the meantime while I wait to hear from HR? Or wait until they reach out to me this week?
Customer reply replied 4 months ago
I told HR they need to remove this level 3 with all of these antics along with the ada sick time incident with leader in January and her comments in December. This makes all of this "ongoing" for repercussions should they terminate me.
Customer reply replied 4 months ago
Allen M., anything else I should do or wait until I hear from HR?

I think you are fine with HR. What you have to understand about the HR process is that you are really only doing it so that you can prove, if you have to later, that you gave the employer the chance to work with you on the issue.

HR isn't really independent. They work for the company and their motives are not pure. They aren't evil...but they represent the company and that is the motivation.

So, you don't have to think about the HR process like a trial. Just give them the chance to know what your concerns are, so they can fix them if they actually care to, or they are on notice of the issues so that if you have to sue them through the EEOC later on, you've done your job of notifying the employer.

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Customer reply replied 3 months ago
My supervisor told me not to use sick time as it affects her team's metrics and to code everything with my "ada time" until I return to the office to discuss. Long story short, as soon as I raised this issue, I received feedback in my favor. Is this illegal for boss to do under the ada?
Customer reply replied 3 months ago
My leader told me during a 1x1 PIP write up, that I am high maintenance for all of the codings I have (system, ada, etc). Wouldn't this fall under discrimination? She also told me that my integrity is being questioned by everybody, played gamed saying at first, it was nice working with you, etc. I was like wow!

This question has been closed for a number of weeks. We are supposed to require you to open a new question when it has been closed this long.

I'll address these though, briefly. Yes, such comments fit into the category of discriminatory in nature. If you have not already done so, start your EEOC complaint against the company.

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Customer reply replied 3 months ago
My leader also included on this level 3 write up, timekeeping issues. She gave me a warning mid October, but I had a reoccurence a week later. She waits 5 weeks to write me up. During this time I was making mistakes, my schedule was changed under my ada accomodations. I voiced this to my leader and the ada manager what was going on. I have medical documentation, which they have never asked.I had a follow up meeting with hr today and they said this level 3 stil stands. Everything I posted in here previously. I did remind them again and ponted everything out again that has gone on, I am being singled out for my ada, etc. They put the termination on hold again and are going back to my supervisor for further feedback. I did tell them again I will sue if they let me go. Not my ultimate goal here.
Customer reply replied 3 months ago
How do I start a new question or questions? Thanks in advance ;)

I don't know what it looks like on your side, but you don't post in this thread any longer.

I don't know that you need a new question here. Your next step is filing with the EEOC. There isn't any other course to take at this point.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
Should I do this now before coming up with the funds to retain a lawyer? If they fire me, I have to cash in my 401k to live on until I find a new job? But I would rather have a lawyer represent me on this, as you know the company will have one. What to do. If I go to eeoc, maybe that will buy more time for resolution at my current job. They may be afraid to fire me but I should act now. I know they talked to my boss today after meeting with hr. Boss wants to talk tomorrow 1x1. I do not feel comfortable doing this by ourselves.

You don't need a lawyer to file an EEOC complaint. Filing the complaint would give the employer even more pause in terminating you, so you want to get ahead of them if you can.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
I should probably do this tonight, before HR contacts me in the next day or two. Beat them at their own game. Never had to do this before. How should I word the complaint?

The EEOC will help you through that process. You don't need to write in any specific way to file an EEOC complaint. They aren't a court, they are an investigatory body and all you have to be able to do is articulate your suspicion, as you have here.

Now, I really have to insist that this question stays closed or I'm getting into trouble. Take care.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
Because this has been ongoing over the years on and off, even severe at one point, how do I address them in the initial complaint? Or will eeoc have me come in for an interview or can I request one with eeoc to tell them all this and share documentation? Several hundred.
Customer reply replied 3 months ago
Thank you; )
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