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am i being discriminated against because of disability

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  • am i being discriminated against because of disability

    This is in Illinois. I have MS and am on FMLA. It all started last summer when I posted some things on a public forum approved by my employer about many issues my fellow co-workers and I were unhappy about. Some things were about a certain supervisor (I did not mention any names). He took this personally and started harassing me; I have three pages of documentation. There was an incident that occurred on Dec. 8, 2009, where this particular supervisor targeted me and I was very upset; I called in the week of Dec. 14-18, 2009 due to my MS and the incredible amount of stress I was under and did not want to be around this hostile work environment. Well he made me re-certify my FMLA papers because it just so happened that I had requested this particular week off twice before and I was denied both times. I had every intention of working that week. So I re-certified my FMLA papers Dec. 22, 2009 and I included a note from my doctor saying that I was under a significant amount of stress and I could not perform certain tasks. However, none of these tasks mentioned were a part of my job description I perform every day. I thought everything was fine until I returned to work after the 1st of the year and this supervisor handed me an envelope saying I had to apply for reasonable accommodations and I was sent home I did not ask for any reasonable accommodations and I haven't worked since Jan. 4,2010 and I wasn't even supposed to come in that day but someone dropped the ball and didn't let me know. Why can't I work? I have had to exhaust all of my vacation and sick leave and now I am off without pay. Is there any way I can recover lost wages and benefit time? Why did I have to re-certify my papers in the first place? They weren't due until March 2010,I have filed a complaint with the EEOC.

  • #2
    Re: am i being discriminated against because of disability

    I wish to inform you that the situation of wrongful termination can be caused under discrimination or retaliation. In retaliation claims, generally forms of retaliation include wrongful termination. Further, if the case is filed directly in Federal Court under FMLA, then usually retaliation and wrongful termination claims brought within these type of laws are not filed with the EEOC.
    You will require to show following points:
    1) The employee has taken steps like filing a case against the company.
    2) An adverse act against employee and this may be even a wrongful termination; and
    3) A connection between termination and action. This may include a situation suggesting the wrongful termination after the act.
    Lastly, EEOC allows you to file complaints against discrimination under Title VII of the Civil Rights Act of 1964 (Title VII) which makes it illegal to retaliate.

    AFF

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    • #3
      Re: am i being discriminated against because of disability

      Have you been fired? Apply for unemployment and contact the Department of Labor in your state and explain to them what you have explained here.

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      • #4
        Re: am i being discriminated against because of disability

        You can also apply for unemployment if your hours and/or pay have been significantly reduced, as it sounds like the case here.

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