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My wife is the billing clerk for the City of Roland in Iowa.

Customer Question
My wife is the...

My wife is the billing clerk for the City of Roland in Iowa. She has recently been written up for mistakes that were made without being given the opportunity to correct them in a reasonable amount of time. One of them was a mistake initiated by her supervisor (City Clerk) who told her to fix for her. There was a meeting held to discuss the issues between the two that consisted of Windy, the city clerk, the Mayor, and the city attorney. The city knew of a mental disability that Windy has when she was hired, and was brought up during the meeting. The lawyer laughed and asked her who diagnosed her. She called me that day, while I was working, to tell me what happened while crying. Since then, she has felt that she is being pushed out of her job as quickly as possible.

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

No

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Hourly

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

I was told today that there is another meeting this coming Tuesday with the mayor, an attorney for the City, possibly the City clerk, and Windy (my wife). Windy requested more time to find an attorney to be present with her, but was denied. There is another meeting the next day (April 4) with the city council to discuss and evaluate her performance as the Utility Billing Clerk, which she believes is when they will decide to fire her or not.

Submitted: 21 days ago.Category: Employment Law
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Answered in 5 minutes by:
3/29/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 21 days ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 123,230
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am sorry to hear this has happened to her. If she has a mental disability AND she requested reasonable accommodation, the employer must give it to her. However, just because she happens to have a mental disability is not a legal justification for her making errors.

Legally, if she has asked for accommodation to correct errors and the city denied her such accommodation, she needs to file complaint with the EEOC (http://www.eeoc.gov) and they need to investigate and issue her a right to sue letter.

Without a right to sue letter, I am afraid her only other recourse is to follow the employer's internal appeals guidelines to file a grievance for any job action they would take against her.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Employment Lawyer: Law Educator, Esq., Attorney replied 21 days ago

Let me know if you need more information.

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