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  • accused of gun threats at UCLA California

    Good evening.

    This is a long story, and I hope someone will have the patience to read through it and give me a good advice how to proceed from here and how to deal with this matter.I don’t know where else to turn. I will write an abstract first with detailed explanation of my case on the bottom. I will file a PERB charge tomorrow and will return to work next week. HR refused to give me instruction how to return work. I am confused especially because I never asked for medical leave in the first place. Please let know how to proceed. I would really appreciate any help.



    Abstract:

    2005 I begin employment at UCLA, have extraordinary reviews first three years.

    2008 tasks assigned by my supervisor immoral and illegal
    (reported to director)
    Tasks included:
    to intimidate and insult coworkers to make them resign
    to select the job candidates based on race and country of graduation.

    2008 I was called untouchable Christian pig in front of three coworkers after refusing to cooperate on illegal tasks, (reported to director and eeoc) supervisor sanctioned.

    2009 unsatisfactory performance evaluation

    2009 director tells my supervisors feels uncomfortable supervising me due to events in 2009, I am asked to resign I felt that I did the right thing reporting the matters and if UCLA feels that we should be separated following the unpleasant events, I am willing to consider another position but would like to have such a proposal in writing.

    2010 lab member hints on supervisors looking into ways to fire me. It was impossible to lay me off because my seniority, I was in too many protected categories and because of potential retaliation lawsuit following my complaint. I was told they would accuse me of sexual harassment if nothing else works. I was the only man in the lab.


    2011 I called the sexual harassment office at UCLA to report my concerns. I was forwarded to Employment resolution office and ombudsman to propose settlement, disappointed, I filed EEOC charge April 06 2001 related to events in 2010.

    April 13 2011 put on investigatory leave accused of making gun threats to the lab members. Gun threats were made at unknown location at unknown date no witness reports, no police involved.

    On May 20 2011. As a result of conduct I was transferred to the hospital underground and assigned tasks unrelated to my previous position and violates the bargaining agreement. My job is reclassified. I was asked repeatedly to resign to avoid being fired for poor performance. Union colludes with management and does everything to delay my grievance appeals. Due to the cold and intense air con source in the old hospital, my neuropathy and vertigo spells flare up; my doctor puts me on medical leave.

    September 2011

    I recover, and I return to work full duty.

    October 2011

    As I continue to refuse to resign my desk were transferred to storage next to pathology department with broken thermostat to work on some programming tasks remotely from there. I am not a programmer. Temperatures were in 40s, I eventually collapsed and was rushed to the hospital diagnosed with concussion and chronic vertigo.

    November 2011

    My doctor is concerned about my health and writes me a letter stating that I have a chronic disease that impacts my daily activities and returns to my previous position would benefit my well being.
    Three hours after submitting the later HR sends me on indefinite medical leave following confusing letter from my doctor. They say they cannot accommodate me without doctor's restrictions. They refuse to take my accommodation letter, just take the confusing doctors letter.

    November 2011 I filed a complaint with EEOC for disability discrimination.

    November 2011 to present:

    I don’t qualify for disability insurance, and I am left without income and medical insurance. I am on medical leave since, and I need to return to work by next week to keep my position. It has been more than one year since my initial gun accusation grievance was filed and is still not resolved.

    Union did everything it could to delay my case to go to arbitration it has been more than one year since the original disciplinary action that was based on frivolous attempts of constructive discharges. I have testimonies and witnesses whom I am forced to hide to protect my colleges but regardless of these testimonies, there is no ground for these grievances to be rejected, because they are based on groundless accusations. It seems to me that Union acts as a firewall to dodge the potential lawsuits UCLA may face and collude with the management. They lost my appeals. They filed grievances on wrong forms; they put grievances in abeyance without my consent. I personally ended up filling all the grievances, since they would never get filed otherwise. I had to write numerous vigorous letters to the union to even proceed with grievances and made numerous requests to take them out of abeyance.

    It is very difficult to find a lawyer in Los Angeles hat is willing to sue the UCLA, especially because I am still employed. Lawyers here fear UCLA and risk of losing the license. I hope I will be able to find one that dares to litigate or get to the bottom of this case and clean my name of these terrible accusations.





    Extended story:



    I work for UCLA and I just had another meeting with management on 04/20/122 that did not resolve anything besides union suggesting to settle this case before it goes to the arbitration and takes eight months salaries in exchange of signing a waiver to give the away right to work for UCLA again, which would mean loss of pension benefits that come with ten years of service to UC that I aimed to complete.

    Union did everything it could to delay my case to go to arbitration it has been more than one year since the disciplinary action that was based on frivolous attempts of constructive discharges. I have testimonies and witnesses whom I am forced to hide to protect my colleges but regardless of these testimonies, there is no ground for these grievances to be rejected, because they are based on groundless accusations. It seems to me that Union acts as a firewall to dodge the potential lawsuits UCLA may face and collude with the management. They lost my appeals. They filed grievances on wrong forms, they put grievances in abeyance without my consent. I personally ended up filling all the grievances, since they would never get filed otherwise. I had to write numerous vigorous letters to the union to even proceed with grievances and made countless requests to take them out of abeyance.

    Union representative keep saying in private that would be the best if I resign because I am obviously not popular in the lab and that they will produce witnesses I made these gun threats if they have to, because people will do anything to keep their jobs, so I should better give up. They laughed at me when I mention justice. It seems that I am the only person that ever read the bargaining agreement or even care for any rules or regulation. I am basically representing myself from the very beginning. It will be six months on May 2nd since I was put on indefinite leave following “ a confusing letter” from my primary-care physician, and if I don’t return to work by 05/02 they will give my position to someone else. I feel completely healthy and able to work at the moment. But I keep receiving strong warning trough union, and I am being advised not to gamble and return to work next week. I was completely without an income for last six months. I am on forced medical leave, and I cannot get unemployment since UCLA would contest it because I am on medical leave. I cannot return to work either. They continue to force me to sign a waiver to sue and take the settlement.





    I work for UCLA since 2005. I had extraordinary reviews prior to year 2010. I was regarded as an” expert who exceeds expectations, “an expert in all aspects of sequencing who can trouble-shoot customer's difficult experiments, that is flexible too and other superlatives, including notes that service sales more than doubled since I was hired. I was also diagnosed with neuropathy in 2008 following three head surgeries between 2005 and 2008. I had a flare-up in 2008, and I asked to move my desk away from Air-conditioner source and since then had no more major issues, my verbal request for accommodation was granted and had no major complaints or need for any other accommodations.

    My supervisor was of Indian origin and in 2008, she recruited her long-time friend. I had a normal relationship with my supervisor, but at some point they asked me to bash and intimidate my colleague to put pressure on her to resign. She suffers from mild autism; supervisor and her sidekick called her “cuckoo that takes funny pills and is time to get rid of her, and my job was supposed to be to intimidate her enough to resign. She is easily irritated and thrown out of balance because of her mild autism. I refused to cooperate and notified our director about incident and expressed my concerns about deteriorating working climates.

    That opened the Pandora’s box and the situation in the lab worsened I will skip some gruesome details, gangster lingo type of threats received from supervisor and her sidekick.


    At some point, in June 2009, my Indian supervisor called me an untouchable “Christian pig” and followed by comment that Christians pop out children like pigs and will soon overcrowd California in front of two other members of the lab. Since me, and an autistic colleagues are only Christians in the lab I felt insulted and concerned at the same time, after the foiled attempts to constructively dismiss my colleague.

    Comments were made on Friday afternoon, and I was too shocked to react. I could not hide from my wife what happened. She comes from a large Christian family and was extremely insulted and was crying and only few hours later the whole expanded family knew about the Christian pig's incident On Monday morning, I went to Director and reported the incident.

    I told her my, and my wife’s family were extremely angered by the comments so the director had no choice but forward the matter to the department chair that disciplinary sanctioned her. We all had been meeting in private, and she was made to apologize to me saying that with the comments didn’t mean me but Mexicans. I was promised I would not be retaliated to if I don’t file the complaint with EEOC, so I called the commission and asked to withdraw the charge.







    After returning from the director’s office, my supervisor never spoke to me again. She said I crossed her path and will pay for it. I rarely exchanged a single sentence with her since then. I acted completely independently and took care of my tasks for next nine months without any guidance.


    In March 2010, I received non-satisfactory performance review. Even my written communication skills somehow went down from excellent to unsatisfactory. I called the union to complain and file a grievance but was advised to ignore performance review because it apparently doesn’t mean anything and probably my supervisor just had a bad day.


    In June 2011, a month after the performance evaluation director calls me in the office in and suggests me that my supervisor feels “uncomfortable” policing me because of what happened in June 2009, and that would be the best for everybody if I resigned and find another job. I felt that I did the right thing reporting the matters and if UCLA feels that we should be separated following the unpleasant events, I am willing to consider another position but would like to have such a proposal in writing.

    That was the end of conversation. I was told that if I stay, I would never get promoted. I asked for explanation and was told that I am worth-less. I politely walked out of office, and this was the last conversation I had with my director or supervisor. I continued to perform my tasks independently hopping that things would get healed by the time that was June 2010.

    I was hinted by one of my coworkers that they were looking into ways to fire me. It was impossible to lay me off because my seniority, I was in too many protected categories and because of potential retaliation lawsuit following my complaint. I was told they would accuse me of sexual harassment if nothing else works. I was the only man in the lab. I called the sexual harassment office at UCLA to report my concerns. And continue to watch my back and avoid contacts in closed places.

    I was forwarded to the UCLA staff resolution office. A kind summer intern recorded my complaints on the tape recorder, I was told they were for research purposes and will not be used for legal purposes I told the story that resembles this one and intern demonstrated some breeding techniques to reduce my stress and told me to go to the ombudsman's office If I need additional help. Ombudsman said it would be the best if I resigned, and they could maybe arrange a settlement for me. I told him I couldn’t resign without getting another position at UCLA to preserve my benefits since my medical condition could worsen anytime.


    A week later I was put on investigator leave following serious misconduct. I had no idea. What is it all about? I worried about sexual harassment accusations, but it turned out that I was accused of making gun threats to unknown lab members at unknown time and unknown location and accused of verbal threats to my supervisor it apparently happened in June 2010 and were suspiciously reported 9 months later.

    None called police or report the incident at the time. They usually evacuate the whole campus and send a swat team if there are slightest suspicions that someone could possess a gun.
    I do not carry nor owe a gun, and I never did. I cannot recall any conversation that would resemble anything similar or closely related to guns. Since then I am not allowed to go back to the lab to verify the story. Union failed to interview anyone. There are no records of any emails or any other testimonies attached to disciplinary memo. No date or time or place is mentioned.

    Lab members kept updates me on what’s going on. Before I had first hearing following investigatory leave My supervisor already told my collaborators that I don’t work there anymore and is secret why. Rumors start spreading that I was in prison. My email was removed from the our website and it remains removed until today.

    Following the investigation, I was issued a warning letter was called back to work one month later. As a result of conduct disciplinary action I was ordered to work on remote location because I apparently posed the danger to the lab members. My desk was moved tl o the old hospital near the extremely powerful source of Air-conditioner and assigned duties that not even nearly resembled tasks I was assigned before and had very limited experience in computer programming. I told them I was not a programmer, and I am not qualified and HR told I that computer analysis was a part of my job description. All the essential duties were removed from my job description. I have never done anything similar before, and room was so cold I kept fainting. I filed a grievance, and I wore ski helmet and parka to protect me from cold as much as I could, but I ended up getting an eye nerve inflammation, and my doctor had to put me on FMLA leave on May 27 2011.


    My condition improved at home, and my doctor felt I should go back to work. He believed that vertigo attacks, and eye nerve inflammations were caused by cold exposure at work. So I returned to work in September 2011. As soon as I returned the same new tasks were assigned to me, I asked if I could at least shadow someone on campus if they cannot provide any training. They keep saying I should resign if I can’t do the newly reclassified job.

    In October 2011, The insisted I resign or return to medical leave. As I endured the conditions with my helmet and parka, they moved my desk next to the pathology department to the storage with broken thermostat where temperatures where in low 40s, there was no phone line installed. I was given a computer from late 90s with burned-out screen and textbook about visual C programming.

    I was so cold I could not even type on computer I kept complaining about temperature complaining, and all the management keeps suggesting I should stay on medical leave.

    It was so cold that I eventually I tripped over cables and collapsed and was rushed to the Ronald Reagan hospital. I was released after two days with concussion and chronic vertigo. My doctor worried about my health and wrote a letter stating I have chronic condition that significantly impacts my daily activities and would benefit from being returned to previous environment.


    I took the letter of accommodation with attached doctor's letter to HR and three hours later I was put on indefinite medical leave due to “confusing” letter written by my PCP, and I remained on unpaid medical leave ever since.

    I filed a complaint with EEOC for disability discrimination and besides the request for restrictions, which I was not able to provide due to nature of my disease; I had very little communication with UCLA since. I asked HR when do they indent to call me back to work she refused to give an answer. I will file a charge with PERB tomorrow. Please let me know how should I proceed from here.

    It is very difficult to find a lawyer in Los Angeles hat is willing to sue the UCLA, especially because I am still employed. Lawyers here fear UCLA and don’t won't to risk losing the license. I hope I will be able to find one that dares to litigate or get to the bottom of this case and clean my name of these terrible accusations.

  • #2
    Did you have a question?

    Due to the complexity of your situation, the best advice would be to find a lawyer or lawyers to guide you through the process with your job.

    Comment


    • #3
      That is one long post. Agree, you really need to talk to an attorney. It seems your situation is more than can be handled on this forum.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        Originally posted by HRinMA View Post
        Did you have a question?

        Due to the complexity of your situation, the best advice would be to find a lawyer or lawyers to guide you through the process with your job.
        Thank you HRinMA, It is not so easy to find a good lawyer that can actually project enough power to sue a law school. I am writing a letter to general attorney i don't know where else to turn, but i am trying my best.


        My question is following: I was put on indefinite medical leave due to “confusing letter from my doctor” on November 3rd 2011. I was told to wait for disability management to get in contact with me and resolve the case. HR told me it might only take few days, so I packed my stuff and went home.
        I did not return to work as of today. It took about two months before they initially contacted me. Disability management called me once every 30 days or emailed me to “keep the interactive process alive and suggested I made my doctor define restriction, which was impossible to the nature of my condition. So disability management denied my accommodation, and I was told in February 2012 that I was returning to work without accommodation.
        As of today, I am still not back at work, and I need to return by may 2nd in order to keep my position. HR refuses to help me with the procedure, and I don’t know what documentation to supply in order to return to work. My doctor never asked HR to send me on medical leave in the first place, and neither, he specified any restrictions. I don’t know what kind of letter I need to get back to work. Meanwhile, I lost medical insurance and cannot contact my doctor without paying for a visit out of my pocket.

        I wonder what medical documentation, if any, I need in order to return to work by next week? I deal with the rest once I am back to work. I have submitted my complaints to DOL and PERB.

        Comment


        • #5
          When an employee asks for an accomodation, the company should begin an interactive process with the employee. There is no law that says the company must follow the doctor's note. If your doctor's note doesn't contain neeeded information so that the company can try and accomodate you, then you should be asking the doctor for more specific information. For instance, what temperature can you withstand for 8 hours a day? How long can you be in 40 degree temperature before you need a break? By refusing to work with your company on a solution, you hurt only yourself. The company can show that it tried to work with you but you didn't get the company the needed information for them to make a decision.

          I was surprised to read that you wore a ski helmet and parka to protect you from the cold. The coat seems ok but a helmet? You might as well have a drawn a big bullseye on yourself. That was over the top.

          Your case with the EEOC failed so I am unsure what you expect a lawyer to accomplish. I don't see how you expect to clear your name since UCLA has done what is required of them by law. Perhaps the problem with finding a lawyer isn't that they won't go up against UCLA but that they don't feel you have a case.

          Comment


          • #6
            Originally posted by HRinMA View Post
            When an employee asks for an accomodation, the company should begin an interactive process with the employee. There is no law that says the company must follow the doctor's note. If your doctor's note doesn't contain neeeded information so that the company can try and accomodate you, then you should be asking the doctor for more specific information. For instance, what temperature can you withstand for 8 hours a day? How long can you be in 40 degree temperature before you need a break? By refusing to work with your company on a solution, you hurt only yourself. The company can show that it tried to work with you but you didn't get the company the needed information for them to make a decision.

            I was surprised to read that you wore a ski helmet and parka to protect you from the cold. The coat seems ok but a helmet? You might as well have a drawn a big bullseye on yourself. That was over the top.

            Your case with the EEOC failed so I am unsure what you expect a lawyer to accomplish. I don't see how you expect to clear your name since UCLA has done what is required of them by law. Perhaps the problem with finding a lawyer isn't that they won't go up against UCLA but that they don't feel you have a case.
            Thank you for another response. At this point of investigation i have sufficient evidence and multiple testimonies to show that the transfer was attempt of constrictive discharge . Transfer also violated CBA and internal HR rules.

            It is impossible to specify limitation or restrictions in such specific manner. There is no medical test that could possible output such precise restrictions, especially when someone is removed from position at the time of ongoing interactive process. According to ADA of 2008 accommodations requested can be unrelated to specifics of disease and employer has to show that such accommodation causes a hardship to employers operations. I understand the point that HR is trying to make. I wore helmet and parka in isolation only, inside the storage room to withstand the cold and did not draw any attention outside the room. If this is not the case for a lawyer I truly pity remaining employees in California public sector. It is only my opinion of course.
            Last edited by ddbee; 04-25-2012, 10:55 AM.

            Comment


            • #7
              If your doctor can not say what conditions must be in order for you to return to work, how do you expect your employer to know? They aren't doctors nor do they read minds. At a minimum, they need a list of actual restrictions from your doctor to even begin to start the accommodation process. If you don't know what is medically necessary and your doctor doesn't know what is medically necessary, the employer can not be expected to know what is medically necessary and the proper thing to do is to place you on leave. Incidentally you are only guaranteed 12 weeks of medical leave per year under the law. Your CBA may grant more but your employer has already gone far beyond what the law itself requires.

              No lawyer is going to lose their license because they sued a law school or anyone else for that matter. Now if they bring a frivolous suit they could face sanctions, but I think you misunderstand how the law operates and how lawyers select clients.

              Right now, as best as I can tell from the lengthy and hard to understand post, you are tryingto tie all your problems with your employer to one comment your supervisor made 3 years ago and for which your employer took disciplinary action. Meanwhile, someone has made allegations against you which are fairly serious. You were reassigned while the employer investigated which is perfectly legal and pretty common. While in that assignment you injured yourself and went out on medical leave until such a time as you can present something from your doctor which indicates that you either can return without restrictions or outlining what those restrictions are. Again, this is perfectly normal and your employer is doing the right thing. Your employer can't tell you what the note must say as that must be based on the doctor's findings. They can't and shouldn't influence the doctor by coaching them what to say. Any doctor who has been a doctor for any length of time should know how to write a note indicating restrictions. If your doctor truly can't give you any idea what situations you need to avoid to keep from aggravating your condition, you need a new doctor.

              It is also reasonable to pend the investigation until such a time as you are either returning to work or resigning, retiring, etc.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

              Comment


              • #8
                Originally posted by ElleMD View Post
                If your doctor can not say what conditions must be in order for you to return to work, how do you expect your employer to know? They aren't doctors nor do they read minds. At a minimum, they need a list of actual restrictions from your doctor to even begin to start the accommodation process.

                It is also reasonable to pend the investigation until such a time as you are either returning to work or resigning, retiring, etc.
                ElleMD. I understand their risk/benefit mindsets. All businesses work the same way, and legal groups are no exemption. It is not so hard to find a mediocre lawyer that will take your case. But it is difficult to find one that will project sufficient power and leverage and actually pose a threat to defendant and take the case to the federal court if necessary. What if I could prove to you that these accusations were made up with managements blessing and were carefully planned ahead to create an environment in which I was forced to resign, and management was advising lower management how to design a discipline in the way that employee is forced to resign? What if could present the pattern in dismissals that followed the similar disciplinary scheme? Would you then change your mind?

                Comment


                • #9
                  Originally posted by ddbee View Post
                  ElleMD. I understand their risk/benefit mindsets. All businesses work the same way, and legal groups are no exemption. It is not so hard to find a mediocre lawyer that will take your case. But it is difficult to find one that will project sufficient power and leverage and actually pose a threat to defendant and take the case to the federal court if necessary. What if I could prove to you that these accusations were made up with managements blessing and were carefully planned ahead to create an environment in which I was forced to resign, and management was advising lower management how to design a discipline in the way that employee is forced to resign? What if could present the pattern in dismissals that followed the similar disciplinary scheme? Would you then change your mind?
                  There is no federal law that says an employer cannot try to force an employee to resign (as long as the actions taken were not legal). I have never heard of a CA that forbids it either but CA is not a state I operate in. Your CBA would also need to be followed.

                  In an accomodation the company does not have to displace another employee for you or make a job for you. So unless there is an opening in your old department, you would not be going back. Using another scenario, if you sue UCLA and they decide to negotiate a settlement, you can expect the settlement to include your resignation.

                  You might want to consider a lawyer to help you with a resignation from UCLA in return for at least a neutral reference. I don't see how you expect to ever go back to your old position given all that has occurred.

                  Comment


                  • #10
                    I'm not sure what you consider mediocre. If you are expecting Robert Shapiro to show up and defend you, I'd lower my expectations. It does not take a big name to have a successful case. If you have proof that your manager made up the allegations against you because of one comment 3 years ago, it doesn't take much. I suspect you don't have a smoking gun though andthose are some pretty substantial allegations to throw around. No lawyer worth their salt is going to jump on a case to make serious allegations like that without proof.

                    It still doesn't get you around the being off work until you can provide documentation of your ability to return with or without accommodations. That is a totally separate matter.
                    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                    Comment


                    • #11
                      Originally posted by ElleMD View Post
                      I'm not sure what you consider mediocre. If you are expecting Robert Shapiro to show up and defend you, I'd lower my expectations. It does not take a big name to have a successful case. If you have proof that your manager made up the allegations against you because of one comment 3 years ago, it doesn't take much. I suspect you don't have a smoking gun though andthose are some pretty substantial allegations to throw around. No lawyer worth their salt is going to jump on a case to make serious allegations like that without proof.

                      It still doesn't get you around the being off work until you can provide documentation of your ability to return with or without accommodations. That is a totally separate matter.
                      ElleMD: A mediocre lawyer is someone who never does what he is qualified for that is litigate and always picks easy money cases and settles them at client expense where his benefit/cost ratio is maximized, or a lawyer that won a significant case 20 years ago and now has a sun-bleached newspaper article about the "legendary" hanging next to his diploma i n his waiting room. he bottom picks the cases persuade clients to sign retainers, put their cases on back-burner, maybe makes a phone call or two and then collects his share of bogus settlement offers.

                      Comment


                      • #12
                        Originally posted by HRinMA View Post
                        There is no federal law that says an employer cannot try to force an employee to resign (as long as the actions taken were not legal). I have never heard of a CA that forbids it either but CA is not a state I operate in. Your CBA would also need to be followed.

                        In an accomodation the company does not have to displace another employee for you or make a job for you. So unless there is an opening in your old department, you would not be going back. Using another scenario, if you sue UCLA and they decide to negotiate a settlement, you can expect the settlement to include your resignation.

                        You might want to consider a lawyer to help you with a resignation from UCLA in return for at least a neutral reference. I don't see how you expect to ever go back to your old position given all that has occurred.
                        According to CBA, position must be left open for me at least six months. I wanted to go back to work and was willing to provide return to work cert from my doctor, but now they say they are reviewing my status, and I should not return to work whatever that means. I agree that will be difficult going back to the old department, but at this point I have not been offered any alternative offers except frequent, off the record calls for resignation or otherwise face dismissal based on poor performance after unwilling transfer to position I am not qualified for. Union that is supposed to represent me is telling me that management will produce witnesses who will falsely testify if they have to, so they suggest I should pack 8 salaries and sign a waiver to sue. I do worry, and I am about to make a public appeal to my department. I can't remain silent about this has been going on for more than on year and has done a lot of damage to my reputation. People spread roumors that I am prison. I also need as much help, support and testimonies as I can get.

                        I am not quite sure. What do you mean with your first paragraph? Burden of proof is on the employer's side. I have not done anything illegal, wrong or immoral and yes there are state and federal laws that prevent such a false accusation and dismissals based on discrimination or retaliation. I have plenty of material to prove my case in court. In court is the keyword. Settlement is not an option.

                        Comment


                        • #13
                          Then hire yourself a lawyer and go for it.
                          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                          Comment


                          • #14
                            Originally posted by ddbee View Post
                            I am not quite sure. What do you mean with your first paragraph? Burden of proof is on the employer's side. I have not done anything illegal, wrong or immoral and yes there are state and federal laws that prevent such a false accusation and dismissals based on discrimination or retaliation. I have plenty of material to prove my case in court. In court is the keyword. Settlement is not an option.
                            I am saying that it is legal to try and force you to resign. There is no law that says managers and coworkers cannot pressure you to resign. It happens all the time.

                            You should take a step back and rethink the way you are heading. You say that you are about to make a public appeal to your department. It is never a good idea to embarass your managers or involved your coworkers. You are saying the court will vindicate you and you won't settle. Lawyers are in it for the money. So you have a case with no solid proof and you don't have money to pay the lawyer but you want them to work hard but not on a settlement. A court case will take years. How exactly will a lawyer be paid then?


                            How are you planning on supporting yourself meanwhile? If you want to go back to work, you should take the advice and get your doctor on board with quantifying what accomodations you need. Not where you want to be in the company but what limitation you have. Only then can the company decide whether they can accomodate you and in what department. If you don't work with the company on this, you may find yourself unemployed and with an even weaker case then now.

                            Comment


                            • #15
                              Lititgating a claim, any claim, is always the last option. The purpose of the courts is not to vindicate. The purpose of the courts is to resolve disputes that can not be handled or resolved in any other way. A good attorney seeks out the best option for their client. Very rarely does that mean court as that takes years and costs a lot of money, time and emotional strain. There is not guarantee a court will see this the way you do. It is quite possible they will side with your employer.

                              The only possible claim you have at the moment is for not bringing you back after your leave. That is it right now. The statute of limitations has long since run out on the incident 3 years ago. Without anything from your doctor telling them you can return and under what conditions you do not have an ADA claim. Period. You have zero claim regarding the allegations as there simply isn't a tort for that at this point. If someone lied and you can prove it (second hand heresay is not proof in a court of law, nor if what happened to someone else), you can try to sue that person for slander. If there are a whole host of folks willing to say you said something, the chances of winning a case on that basis are between slim and none.
                              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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