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  • Hello Indiana

    I am posting this same post to a few forums. I want to make sure anyone that might answer sees it. If this is unnecessary I apologize. I would like advice/opinions on rather or not this, depending on the following events and situations, would make a good argument for constructive discharge.[LIST=1][*]I am disabled and meet the qualifications under ADA and FMLA.[*]Last 6 months, after nearly 5 stellar years of employment, I missed about 1 day a week average, using comp time, vacation time, and earned sick time.[*]All missed days, other than 5 vacation days, I missed because my disabilities had acted up.[*]I had not disclosed my disabilities to employer by "disability" label but boss was a physician who knew I had these medical conditions.[*]I had not violated any attendance rules and was compensated for remaining vacation, earned sick leave, and comp time when I left.[*]I was confronted by my boss about supposed reports he had recieved about my "stumbling" and "slurring my speech" all over the county.[*]The first confrontation left me floored. I do not drink nor do drugs at all.[*]I did not associate accusation with increased days off at that 1st meeting.[*]I was a very high-profile public employee in a county of 36,000 people.[*]On average I appeared on front page of local newspapers at least twice per week.[*]I was very concerned over allegations because I prided myself on a squeaky clean govt. department and the fact I am a single father.[*]Second accusation came about 2 months later. I demanded to be taken to hospital immediately for complete drug and alcohol screening, boss refused 3 times.[*]I then realized that these accusations were coming from someone, possibly boss himself, because of my increased absence lately.[*]Then I revealed why I had been missing work. Because of disabilities were acting up. Didn't know why, was trying to find out from various doctors.[*]Keep in mind my boss was a physician already aware of my conditions, he had even given advice on conditions when he didn't realize they qualified as disabilities under ADA.[*]Instead of being vindicated on the accusations, he became noticeably irritated and said 4 times before leaving, "Take care of your problems, your job depends on it".[*]To clarify, my boss, a physician, told me to take care of my disabilities or I would be fired, sooner than later![*]Two days later in a meeting with boss, fellow employee, and 3 state employees from the agency that WE report to, my boss suddenly and loudly, announced that I was not to be involved in that investigation any longer, he removed me as media rep for our agency despite the state media rep advising against that, and said from now on I could no longer make ANY decisions on my own without getting his approval.[*]He was a part-time consultant and only came into office once every 2 weeks for about 15 minutes and was frequently traveling and not available.[*]I met with him after meeting and expressed respectfully I thought actions and methods were inappropriate.[*]Can't quote him but his response amounted to; that's too bad you feel that way.[*]My personal doctor informed me that, prior to me revealing my disabilities, my boss had stormed into my docs office demanding loudly to see my medical records, asked about any meds I was on, and asked my doc about my demeanor at any office visits.[*]I was mortified, speechless, scared, intimidated, etc.[*]I then submitted a written request to enter into interactive process regarding reasonable accommodations or possible FMLA.[*]Request was ignored and despite my repeated attempts to contact him my messages went unanswered.[*]10 days later I was unable to even walk, let alone work because of disability. I can be arrested and lose my drivers license for life if I drive when condition is active.[*]I was 100% certain that I would be terminated. I knew termination would be front page news.[*]I absolutely loved my job but decided to remain employable in the area I had to avoid being terminated because it would be major news.[*]I submitted resignation letter stating that I loved my job but if I were going to be fired I would resign instead.[*]I pointed out that he was violating the ADA but agreed not to pursue any action if I received all of my remaining accumulated vacation and comp time in wages AND received an amount equal to 6 months wages.[*]The FIRST response of any kind I heard from boss was reading on front page of both local newspapers that he accepted my resignation, he was not surprised by my sudden resignation because I had been havin "problems" for the last several months, and insenuated that my staff had actually been doing my job for about the past year, which if not so damaging and public was laughable.[*]Next day I received a letter from now ex-boss stating that he accepted my resignation and would pay me only for accrued vacation and comp time.[*]I know this was dastardly, especially since just 2 months prior, I was publicly thanked and commended for my performance by my boss and his bosses.[*]I also know some laws were definitely violated but I would like input only on constructive discharge regarding the above events.
    Thanks for reading and thanks in advance for your reply!

  • #2
    Duplicate post.

    That's not how these forums work, as most responders read all forums.
    I am not able to respond to private messages. Thanks!

    Comment


    • #3
      I am deleting your duplicate posts. All the responders read all the employment law forums, and it is not only pointless but also confusing to them if the same question is posted multiple times.

      You will receive more responses if you go in and edit your post to provide some white space and paragraphs. It is next to impossible to read as it is.
      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

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