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I am currently in the process of a discrimination and

Hello - I am...

Hello - I am currently in the process of a discrimination and retaliation complaint against my employer. At this stage, the complaint is being handled through the Michigan Department of Civil Rights. But I am not sure what happens next if the MDCR agrees with my complaint.

Lawyer's Assistant: Have you discussed this discrimination issue with a manager or HR? Or with a lawyer?

I notified my employer that I was planned to file a complaint because HR refused to investigate my claim against my manager. Shortly after, I had to start a round of chemo treatments so I am on FMLA until April 16th. While on FMLA I received a letter saying I will be terminated the day I return from FMLA. I have not retained an attorney.

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

I am "at will" and no union. But I have a disability that my boss has made clear is an issue for him. I have received accommodations until he was hired and had no issues with an immediate manager about my disability or accommodation until now.

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

I don't think so.

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Answered in 1 hour by:
3/16/2018
Pheobe Clark
Pheobe Clark, Lawyer
Category: Employment Law
Satisfied Customers: 160
Experience: Attorney at Pheobe A Clark Attorney at Law
Verified
Sorry you are experiencing the issue of disability discrimination based on the employer’s perception that you can’t perform the majority of your job duties with an accommodation.
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Since you received a termination letter after stating that you would file a discrimination complaint, you should make sure your charge form includes claims of discrimination based on disability and retaliation for the retaliatory discharge.
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If the MDCR agrees with your complaint, an attorney will file suit on your behalf. If they do not ageee, you will receive a “notice of right to sue” and you are free to retain an attorney in your area who practices civil rights law.
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Before receiving your right to sue, they may offer you the chance to engage in mediation and if the employer agrees you may be able to come to resolution without lawsuit. If mediation doesn’t work, you will still have the right to file suit.
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Customer reply replied 5 months ago
Ok, after speaking directly with the MDCR they have added some additional charges but I’ve heard nightingale since my employers attorney responded.My ability to do my job was not a factor. I’ve received all satisfactory reviews and 0 complaints. I’ve been there 14 years.
I believe that addresses your concerns. If I have provided you adequate guidance on this subject please reward me with a positive rating so that I may get credit for this session.
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You have the right to provide a rebuttal to state that the employer’s excuse for its conduct is pretext(a made up lie)
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You don’t have to convince the MDCR to accept your claim, because you will still have the right to file a lawsuit whether they agree or not.
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Customer reply replied 5 months ago
ok, I was not sure about whether I am able to file a lawsuit even if the MDCR doesn't agree. So far they seem to be in support of my claim but I realize it is their job to be impartial. Should I have an attorney work with the MDCR like my employer does?
I don’t believe that is necessary unless you feel
Like you need an attorney to assist you in a mediation if one is scheduled
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Customer reply replied 5 months ago
I've had my accommodation for at least 5 years now but my responsibilities have not decreased it is not until I complained that my compensation was not in-line why my work that my boss asked when my accommodation would end. I complained about it but HR did not and has not investigated.Thank you for answering my questions, I was not sure how to proceed or if I could proceed when the MDCR does respond (either agreeing or not agreeing).
Thank you,Jennise
Based on these facts, I believe you have a history of productive work with an accommodation and a failure to accommodate without reason. Definitely pursue a lawsuit with or without the MDCR! Just get a right to sue letter and you’re ready to retain a lawyer.
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If I have provided you adequate guidance on this subject please reward me with a positive rating so that I may get credit for this session. Thanks so much!!!
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Customer reply replied 5 months ago
Can I request that now or wait for the MDCR's finding? Does asking for one end the MDCR's investigation?
Asking for the right to sue ends the investigation. So let the process complete because you want to hear all the employer’s evidence to prepare for trial.
Pheobe Clark
Pheobe Clark, Lawyer
Category: Employment Law
Satisfied Customers: 160
Experience: Attorney at Pheobe A Clark Attorney at Law
Verified
Pheobe Clark and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 5 months ago
Great idea, thank you!
Have a great weekend!
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