My question involves labor and employment law for the state of: NY
I have Severe Depression and a number of Anxieties which are severe, and have to take a lot of medication to make it through the day.
In an annual review, my boss stated I, "avoid panicipating in our professional community or in work events and projects; his relationships with colleagues
are viewed as negative or self-serving."
A week later I was corresponding with my boss and received a reply that didn't answer my question- it circumvented it. I replied back by thanking him for getting back to me, and attempted to apply some humor so I would not appear too pressing. I stated,"Thank you for your getting back to me. I never learned the art of reading minds, nor have I learned how to see into the future. Due to the absence of such magical powers, should I interpret your statement above to be noncommittal? Am I to believe that you will keep your eyes open for additional work to increase my employment, and a discussion between you and I will ensue about that opening if one becomes available; however, as of now, you do not see anything open for me? Or, should I view your statement above to be a negative statement, meaning no attempt will be made to increase my employment? We have often experienced a different understanding regarding information communicated in our discussions, and I am attempting to make sure misinterpretation does not continue. I was attempting to be humorous and appear friendly. However, I was written-up for being patronizing, even though I explained it was humor, for a better relationship between he and I. I showed the letter to a few colleagues, explained my intention, and they all tought my boss was just harrassing me.
My disabilities make it difficult to be in crowds and noisy places, so I stay in my office, do my work, and avail myself to anyone who asks for help. I am friendly with most of my colleagues, and my contract specifies that there is no expectation for us to participate in additional activities. At the end of the day I go home to my family, to help out my wife and children as needed- if I am able. My boss has no idea of who I am friends with, the conversations I have with my colleagues, or how often I have those conversations. Yes, my disabilities manifest themselves, as you would expect, based on common knowledge of the symptoms. I even printed out information for him to read and understand me. I feel safe in my office, and only leave to use the facilities as needed, and go to the mail room to check my mailbox once a day- I also have severe Asthma and have to take the elevator (no I'm not fat- I'm 5'11 and 180lbs). I feel like I am being harassed due to my depressed and anxiousness, even though my boss knows my situation. My position was just cut back to half-time, "due to economic reasons," but others who perform a similar service, and haven't been there for 9 years like me, suffered no cuts. I have been dealing with my disability issues all my life, but at a very mild level. My boss has made my conditions extremely worse since he arrived 2 years ago- to the point that my conditions are almost disabling. I am dealing with the EEOC, but they move slow as molasses heading up-hill.There are no other jobs in my particular area of specialty, so I have to keep wworking.
My job is being abolished 6/30/2011, and re-created athalf-time starting 9/1/2011. They are keeping me on their insurance during the interim, but starting 7/1/2011 my contribution goes from $240 per month, to almost $1000 per month- on top of the salary cut. It appears as subtrefuge, as I will be doing the same work for less time and money, and retaliation for filing with the EEOC. I can't quit until I find another position, but at least I go on vacation in 2 weeks.
Do I have any kind of legal recourse?