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I'm having significant issues at work and I'm wondering if…

Customer Question
I'm having significant issues...

I'm having significant issues at work and I'm wondering if I'm legally in the right to sue for sexual discrimination and discrimination of mental/ physical illness.

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

The complaint is against the owner.

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

I am a dentist. I get salary plus production.

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

No, I'm sure they can help me further. Thank you.

Submitted: 2 months ago.Category: Employment Law
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6/1/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 2 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,554
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

Are you an employee or an independent contractor? Exactly what are they doing to you in terms of sexual discrimination and disability discrimination? I very much look forward to assisting you on this matter.

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Customer reply replied 2 months ago
I am an employee. I've been through a lot the past few months. My father died in December suddenly and I've been trying to care for my mother. I took a week for unpaid bereavement time after my father's death. I picked up a second job for the corporation at another location. Following which the two other doctors at my main office left, leaving me to handle all of the patients. The stress became too much and I gave my notice at my second job. I've been having issues with some staff at my main job and my complaints with the office manager have been ignored. After a bad staff meeting last week, emotionally, I was distraught. Upon meeting with my therapist that night, she told me to take a mental health day. Diagnosed me with clinical depression and asked me to see a psychiatrist for antidepressants. I also have crohns and psoriasis that act up with stress. I discussed with corporate the issues with the office would force me to write a resignation and was told it would be handled. Issues still have not been addressed and the situation is literally making me sick. I'm vomiting from the crohns and unable to eat. The clinical depression also is getting worse. I'm playing phone tag with the psychiatrist to set up an appointment. After a rough day at work, I'm emotionally and physically not well. When contacted the owner stating the conditions in the office are worse and I can't handle it. I wanted to take tomorrow and Monday off until he agreed the meet with me Monday night. He started if i didn't show up I was fired. Having to reschedule patients due to mental status is unacceptable. When i told him I would come on for the patients, he went on to say...
Customer reply replied 2 months ago
this via text.
Customer reply replied 2 months ago
The first portion of the conversation...
Employment Lawyer: Patrick, Esq., Lawyer replied 2 months ago

Thank you.

Under CA law, if an employer has 5 or more employees their employer must "reasonably accommodate" any disabling medical condition. Reasonable accommodations are accommodations that do not impose undue hardship on the employer. Given the nature of your work, absences can cause major disruptions to your employer's business. So, while time off work is a form of possible "reasonable accommodation" for a disabling medical condition, an employer here is probably not required to offer much off at all, due to the hardship that absences cause.

The observation your boss made about these problems occurring more often than woman is suggestive of possible prejudice on the basis of sex. However, you would need to show that you are being treated differently BECAUSE you are female here. In other words, you would need to be able to convince a jury that if you were male, your employer would have reasonably accommodated time off for depression.

You may be able to leverage these issues into a severance agreement if you believe that the employment relationship has become toxic and intolerable. But beyond that the options may not be too great, both because at this point you have no real damages (i.e. you have not been fired) and because there is no clear evidence that you would be treated any differently if you weren't female.

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, and the information provided is not legal advice.

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Customer reply replied 2 months ago
I do try to make accommodations for patients, scheduling through my own lunch, coming in on my days off, canceling my own doctor appointments for patients that were rescheduled. Can taking 3 mental health days in 2 weeks really be considered undue hardship on the employer? I worked my two other scheduled days this week.
Customer reply replied 2 months ago
I worked 4 days last week and handled an emergency phone call over the weekend.
Customer reply replied 2 months ago
My contract states 30 day notice of resignation, with all these physical/ mental issues and the sexual prejudice, am still forced to maintain this agreement.
Customer reply replied 2 months ago
I was told the owner has also been sued for sexual harassment before within the workplace. I don't know if that shows potentially if i was a male, I'd be treated different.
Customer reply replied 2 months ago
as for real damages, is my decline in health not considered a damage?
Employment Lawyer: Patrick, Esq., Lawyer replied 2 months ago
Unfortunately I must opt out as I have been called away from my computer and am no longer able to provide assistance this evening. Someone else should be with you shortly. My apologies.
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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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