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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4065
Experience:  30 years of experience
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I am an over-the-road truck driver who recently went through

Customer Question

I am an over-the-road truck driver who recently went through a divorce. I ended up in the ER on Thanksgiving this past year for suicidal thoughts in Kent, Wa. Someone in my family called had called the police. I was released the next day and went back to work the next week. In December I had a bit of an emotional breakdown and arranged with my employer to take a two week, unpaid leave of absence so that I could get some counseling and start a bankruptcy. I understood when I came back to work that I would be required to re-certify my medical card (which I'm required to have as a DOT licensed driver). So the company rented me a car and I drove back to Kent, Wa where my truck is at our terminal. But when I called HR to find out what I needed to do, they informed me that they required a release from the doctor who had treated me at the hospital. That was several weeks ago and I had already been back to work and I had not told my employer about the event. So, I naively went and got the summary of the hospital visit and sent it to HR. Now, they are trying to send me back home (which means that I will be living in a homeless shelter). I don't know how they even found out about the ER visit. I suspect a family member may have called my employer. The doctor had explained that I didn't have to tell my employer. Can I sue my employer?
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

If they are presuming that you have a disability or treating you as if you have a disability (whether you have one or not) and they are engaging in a discriminatory punitive manner toward you as a consequence you may have a complaint under the Federal Americans with Disabilities Act as well as the Washington State Law against Discrimination.

Presuming that you have a mental health issue and disqualifying you from work because of that can qualify as unlawful discrimination.

You can file a complaint with the Washington State Human Rights Commission. Here is theor link:

Because the Washington State HRC has an agreement with the federal EEOC you can simultaneously file a cross complaint with the EEOC. There is a box on the form so you can use one complaint for both agencies. Also there is no cost to youto file these complaints.

You may also want to meet with a local Employment Law attorney to discuss your situation. Most attorneys who do this work charge little or no fee to make an initial assessment of your case. You can find such an attorney here:

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.