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discrimination, segregation or retaliation?

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  • discrimination, segregation or retaliation?

    I prefer to keep this somewhat vague, but here it goes:

    I was at work and became ill. I went to the hospital. I was told I could not return to work until I was cleared by a specialist.

    I went to a specialist and was given the "ok" to go back to work. My employer refused to allow me to return to work until I was given an "ok" by their doctor. Fine.

    After several weeks and still waiting to hear from my employer about going to see their doctor, my employer notified me that I could no longer work for them and I was being terminated. My employer seemed genuinely sorry and told me about COBRA, etc... When pressed, my employer told me to take up any issues with their doctor (who up until this point I had never seen or talked to).

    2 days later, I made an unannounced visit to the doctors office and read and gave him a note in which I indicated that his failure to conduct an individualized assessment, or any assessment at all may have violated my rights under the ADA. I also brought up HIPPA and questioned how he obtained my medical information.

    The next day, my former employer called me and told me that I was being brought back on pending a medical evaluation (duh!) and that I would be paid for the 3 days that I had missed (though I tried hard to reject the funds).

    During this time, I was approved for unemployment benefits. My employer strenuously challenged my receipt of them saying that I had never been terminated. It was not until some time later that I learned that my employer had forged sick forms and changed my 3 days of unemployment to regular "work time" (as though I was at work, and discarding any documentation of my termination).

    While this was going on, I was approached by a co-worker who said he had a meeting with the boss who was "pissed" at me for getting in the doctors face and pulling the "ADA card" among other things. I explained that I didn't work for the company at the time, and either way, my conduct was not at all unacceptable. The boss was so "pissed" in fact that he threatened my co-worker with termination if I was to become aware of their conversation. This "matter" was never addressed by my boss to me in any way.

    I was finally cleared to return to work after being off for about 10 weeks. (9 1/2 of them sitting waiting for my employer to do something). When I returned to work, I was told I could not engage in the same work activities as my co-workers. I had been relegated behind a desk, shuffling papers. I was also required to work a different shift than everyone else.

    After about 2 weeks back, I was told by my boss that I was being fired for gross misconduct that had occurred months before. When I asked for an explanation, he wouldn't give me one. I asked why this "issue" was never addressed before this, again, just silence. His last words of wisdom that he imparted on me was to say "just don't fail to mention that you were terminated from this job when you apply for other jobs." Thanks for the advice.

    I never had a write-up let alone even a mediocre performance review.

    Even though I was able to receive unemployment in all circumstances (and they were contested to no end by my employer), they still refer to my initial termination as an "alleged termination," even though courts, boards of review, and hearing officers found that the employer terminated me. It is also worth noting that the only shred of evidence that I had, which carried the day in this matter was a COBRA letter I received from my employer with a qualifying date in which I allege and a qualifying event of "termination." On oath the HR employee that triggered it to be sent claimed she had no knowledge of how I received that letter. She was barred from testifying further since their attorney was "coaching" his client.

    Why is my employer hiding facts and what are they afraid of?

  • #2
    It's hard to say without knowing the nature of your disability. There just isn't enough information profvided.
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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    • #3
      It's difficult to answer your question since we don't know your employer & based on the limited
      information furnished.
      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
        And here's some information we need.

        1. Does your employer have at least 50 employees at your job location or within a 75-mile radius? If yes,
        2. Have you worked there at least one year? If yes,
        3. Had you worked at least 1,250 hours in the 12 months immediately preceding your illness? If yes,
        4. What was the nature of your illness?
        5. How much time were you off in total?

        And why do you think the ADA might be involved? What is your claimed disability? What exactly do you do in your job?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Originally posted by dakota0203 View Post
          I prefer to keep this somewhat vague, but here it goes:
          You can't keep it too vague if you want our help. You might consider answering the questions in Patty's post.

          Thanks.
          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

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