Results 1 to 10 of 11

Hybrid View

  1. #1
    Join Date
    Feb 2012
    Posts
    8

    Default Asked for Reasonable Accomodation; Denied, then Fired Within a Week

    My question involves labor and employment law for the state of: Washington

    I was employed as a contracted employee and worked the same assignment for over a year with no problems. The scheduling was always flexible and I was able to set my own hours as long as I worked 40 per week. I have a long history of PTSD, anxiety disorders, and depression. I have no health insurance.. I was having increased symptoms due to a coworker who was harassing me. This coworker was fired for creating a hostile work environment. After she left, I was treated differently by many of my coworkers and supervisor. The attitude towards me had changed. I was told that I needed to be at work by 9 a.m. each day, no exceptions because "most people around there think I can come and go as I please." This was after I sent an email to my supervisor explaining that my insomnia was substantially affecting my life in a number of ways and I was working on it with what limited resources I had. I asked for reasonable accommodations for a flexible start time. I proposed 10 am - 6:30 pm, which would have been 1 hour different from my normal schedule. I did this in writing and was denied this in writing. The email I received from my employer stated that we work a 7am - 5pm schedule. This is not true for anyone else there. Approximately 60% of the people who work there arrive at 6:00 a.m. and I have been allowed to work evenings in the past with no issues. Many times, I worked 10-12 hr days, informing my supervisor each time and receiving permission. In addition, there is another contracted employee with a daughter who is ill and she regularly comes in as late as 1 pm and leaves for hours at a time to attend to appointments and other family obligations, etc. She has never been told she could not do this, and in fact, received permission to do this. I got fired today when I got a call from my agency stating that the company felt it would be "better for everyone" if I ended my employment there. I kind of saw it coming, but have been keeping detailed records of what's been happening after the employee who harassed me was fired. I want to file a complaint with the EEOC and I was wondering if anyone here thinks I am justified here. I know that my request would not have caused the company ANY hardship and I was being given rules that did not apply to anyone else.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Asked for Reasonable Accomodation; Denied, then Fired Within a Week

    Do you know what your condition/s actually qualify for ADA protection?

    The company does not have to treat you all equally.

  3. #3
    Join Date
    Feb 2012
    Posts
    8

    Default Re: Asked for Reasonable Accomodation; Denied, then Fired Within a Week

    Yes, I know that my conditions qualify me for ADA protection. I have met the following criteria:

    A person may be disabled if he or she has a physical or mental condition that substantially limits a major life activity (sleep is included)
    A person may be disabled if he or she has a history of a disability (such as cancer that is in remission)

    I have a well-documented history of all of these things and according to the EEOC website, even if these conditions are episodic in nature, I am still covered. Also, I would be able to offer substantiation through medical records dating back to 2003 and through my present psychiatrist.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Asked for Reasonable Accomodation; Denied, then Fired Within a Week

    Let me ask the question a different way.

    Has it been determined that YOUR case in particular qualifies for ADA protection?

    (Please note the word 'MAY' in your own post. Not "SHALL" but "MAY") There is only one condition that automatically qualifies for ADA protection and yours aren't it.

    1. Sponsored Links
       

Similar Threads

  1. Resignation: Reported Concerns of Medicaid Fraud, then Asked to Resign or Fired
    By cole4010 in forum Employment and Labor
    Replies: 3
    Last Post: 04-19-2012, 09:40 AM
  2. Disqualification: Denied Unemployment Due to Voluntary Quit Without Reasonable Cause
    By princess25 in forum Employment and Labor
    Replies: 3
    Last Post: 02-20-2012, 02:26 PM
  3. Disqualification: Being Asked to Resign or Being Fired - Can I Collect Unemployment
    By bodhirocks in forum Employment and Labor
    Replies: 17
    Last Post: 08-22-2009, 03:07 PM
  4. Getting Fired: Was Asked to Resign or Be Fired Because of Illness Related Absences
    By Ga_Unemployed_09 in forum Employment and Labor
    Replies: 1
    Last Post: 06-19-2009, 08:50 AM
  5. Resignation: Put In Resignation Papers, Fired A Week Later
    By horeind in forum Employment and Labor
    Replies: 1
    Last Post: 07-29-2007, 03:31 PM
 
 
Sponsored Links

Legal Help, Information and Resources