I was diagnosed with rapid cycle bipolar over 3 years ago. I had a hard time finding the right medication and was put on short term medical leave several times. I tried to continue working while the doctor changed my medications, but there were always side effects that I couldn't control and everytime I missed a day or was late, H.R. tried to write me up.I started back to work 6 months ago and I felt great. I had perfect attendance and was so happy to be back to "normal". I was talking and joking with everyone on our assembly line except for one woman that didn't like me. On June 16th, I was called into the office and asked if I had threatened anyone. I said "no", but they wouldn't tell me what I was supposed to have said, so I had no other defense. They said they had written complaints against me. They suspended me without pay upon investigation. I received a phone call on Monday June 19th saying I had been terminated. I filed a discrimination charge with the Ohio Civil Rights Commission and the E.E.O.C. Now, my employer has asked for a mediation. I have no income because my unemployment was denied. Because of my disorder, this situation has caused many problems and I am not sure what to do in the mediation. Can I ask for an accomadation to have someone to help me or do I have to try to find legal representation on my own? They scheduled the meeting for 2 weeks from now so I don't know if I have time to get legalaid or similar groups to help me. What should I do? And what are my options?

I don't want to get into issues of whether your termination was legal or a violation of ADA...that will be a very fact specific issue, and we don't have all the facts. However, if your case is going to mediation then it seems like someone thinks (or fears) you might have some legit to your case, or alternatively it is your company's policy to always seek mediation in a ny employment dispute. See your employee manual for clues.

As to your question about the mediation, that is an informal (compared to being in court) process to see if the two sides can come to some mutually agreeable solution. The mediator is supposedly a neutral third party whose job is merely to fascillitate discussion between the two sides to see if a solution can be found. I'm not sure if you would be allowed to have just anyone in there with you, but you would be within your rights to request your attorney be present. Have you spoken to an attorney about all this? Depending on what it is you are wanting to accomplish or hoping to achieve, it may be helpful to have someone in there who knows more about all this than you and who can objectively protect your interests.

Have you been given any sort of timeframe as to when the mediation has to take place?

Also, did you request a re-determination and/or a hearing regarding your unemployment benefits? In order to have been disqualified, your employer would have had to provide some substantive and credible evidence of misconduct on your part. This may provide you some background and help prepare an argument for mediation.

Unemployment said that since there was a discrepancy between my story and their reason for termination that they called and asked for more information. My former employer said they based their decision on the complaints filed by employees. We were both sent a paper to fill out with questions to be answered, but they never returned theirs. Unemployment said it is their policy to call for details then. I don't think my former employer was going to deny me. I am now filing an appeal. I just found out yesterday that the mediation date is set for August 16th. I have already talked to an attorney, but I can't afford to have one there with me. That's why I was asking if they can provide someone to be there for me as an accomodation. I know I'm going to get flustered and I'm not sure what would be in my best interest.

Based on what you have provided I am rather surprised that you were denied unemployment. Since you were discharged, the burden of proof lies with the employer to prove misconduct, ie, they would be obligated to provide some substantial and credible evidence of misconduct.

Please be advised that your employer neither grants nor denies unemployment, but rather it is done solely by the state ... in your case the Review Commission. In Ohio, you have the right to request a re-determination, which you should do immediately. Make it known that you are unaware of these complaints, but also that it was your understanding that all well going very well at the workplace.

If you cannot afford an attorney, then you should consider contacting a legal services firm which will represent you for free if you meet certain qualifications. I highly advise that you have some counsel in these matters.

I am going through something similar in NH. My case is pretty complicated since employer was trying to push me out by causing me to quit by giving me an assignment they knew I physically could not do. Now, I'm in the appellate board (unemployment) process with that case. When they fired me six months later since I refused to resign and they gave me minimal hours to work, I had another unemployment issue -- being fired for misconduct. Employer made up bogus excuses like attendance, being late, and problems with "aggressive behavior". Like the involuntary quit/reduction of hours case, the determination has been coming out on my behalf. Hearing officer saw through the misconduct stuff and felt there was a retaliation situation going on. Employer keeps appealing.

EEOC case filed in December 2005 (I was actually still working until 4/06). EEOC has amended my discrimination claim to include wrongful termination based on retaliation. This all has to do with one employer.

It takes a long time. But might I suggest you call one of the law schools and see if they have student lawyers who will represent you for free? If the mediation is through the EEOC, then the employer has got to be at least aware of some possible discharge problems.

Find out what needs to happen for you to appeal the unemployment decision. It's critical to note the deadlines for filing as well. If you find that you've missed the deadline, I'd file anyway and explain why you were late. The worst that could happen is your "appeal" is not granted. You also want to make sure that you request copies of all documents employer sent to unemployment office.

And most of all, keep your cool. Sometimes unemployment hearing officers, employers, etc., want to get a rise out of you to show that your behavior is out of control. You cannot appear threatening or overly aggressive. Keep answers short. Don't volunteer anything more than you have to. Don't hesitate when answering questions. Maintain eye contact with whoever is questionning you. If you feel that you are going to lose control, ask for a brief bathroom break. Nervousness is okay -- it's pretty much assumed that this is not something that you do every day. You'll be okay whether or not you have an attorney. Prepare your documents and provide copies as well.

My last hearing I had the nastiest hearing officer (she yelled at me several times) and still determination was in my favor. You'll be fine. If the decision turns out in your favor, just remember that employer most likely will take the next step in some form of appeal. But if it turns out in our employer's favor, you will be afforded the same rights. Keep your eyes on dates and deadlines.

The best of luck to you. I hope it works out.

some simple answers:

1. contact EEOC, let them know of your concerns. EEOC is pushing mediation whenever possible, they will give you some advise to your concerns.
2. I agree with trying to find legal aid, this is readily available by contacting your state bar association. You should be able to find some support, ie: discounted, free, if you qualify. Any such agreement will be between you and the attorney, but it is out there.
3. definately have an attorney or other knowledgable representative (is there a local support group for the condition you reference? they may have a referral service or attorneys who take these cases) in this mediation with you. This is allowed and the company likely will have there attorney involved in the session. You need to even the playing field as much as possible. I have been on the employer side, and although the session is targeted towards helping non-legal professionals to reach a middle ground, it can be very technical to a person who is not familiar with employment law. Plus, keep in mind that if you reach an agreement, it stops the EEOC processing of your complaint, so you need to be sure you are not agreeing to something with which you may not be comfortable or is not fair.
4. your ui appeal should give you a good indication of the position of the company. Is the hearing before or after the mediation? In Texas, each side receives a complete copy of all documents and responses in the case. This may give you a good indication of what the position of the company is, going into the mediation.

I would advise contacting an experienced/knowledgable employment attorney to discuss. If you have the appeal packet handy, bring that in for analysis by the attorney. Mediation is a great thing; at the very least it shows that the company may be willing to concede something and it is worth considering. You can always walk away from what is offered. As a previous post stated, it may indicate "like someone thinks (or fears) you might have some legit to your case," this is where an attorney NEEDS to be involved. If the company is in the wrong, they will try to settle rather than have this issue procesed by the EEOC and possibly proceed to court. Recent cases have made summary judgement (dismissals) difficult for the employer, so this is a real possibility and fear for the employer; just keep in mind that once you settle, you need to make sure that your interests are taken care of fairly, ie: reinstatement or with a fair settlement.

best wishes.

As an FYI, in OH you will not get an entire appeal packet prior to your UI hearing. In general, this is because it is more than likely that any hearing will be conducted in-person whereas the Texas WorkForce Commission conducts all of its hearing via telephone, hence the receipt of a complete hearings packet beforehand.

thanks for the clarification rjc; pardon my texas-perspective.

Thank you for all the advice. I am currently looking for any advocacy groups that may be able to offer legal representation. Legalaid said they do not handle these types of cases. I will try the bar association. Do you have any schools you can recommend? I'm not familiar with law schools around my area, but I will look. My mediation is next week so hopefully I find someone willing quickly. Again, thank you for your time and any other advice will be appreciated.

I'm sorry, but we can't provide recommendations or referrals.

I'm sorry, I didn't realize that. Hopefully I received some good news today. I have a lawyer associated with NAMI that is willing to go with me if I can get the mediation postponed for when he is available. I don't know how they handle these situations, but I'll find out tomorrow. Thanks again. This is a wonderful website!

thanks for the clarification rjc; pardon my texas-perspective.

No problem. And do not apologize for the Texas-perspective. IMHO, TWC does unemployment quite well and other states can learn from them on many things. Moreover, Texas is one my favorite states ... in fact I am an adopted 'horns fan!

I'm sorry, I didn't realize that. Hopefully I received some good news today. I have a lawyer associated with NAMI that is willing to go with me if I can get the mediation postponed for when he is available. I don't know how they handle these situations, but I'll find out tomorrow. Thanks again. This is a wonderful website!

It sounds as if you have competent legal representation ... good luck with everything.