Results 1 to 8 of 8
  1. #1
    Join Date
    Oct 2013
    Posts
    91

    Default Disability Discrimination During a Trial Period at Work

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

    I posted on this website about a month ago pertaining to loss of ssdi benefits for working to much. Following speaking with a trial work period specialist I informed my employer about my circumstances and told my direct manager when I know what the SSA says I will go full time if allowable.

    However over the last few weeks since I told her this I am being harassed by customers and employees.

    I have had customers approach me while on the clock and make comments about how they work full time, make their own money, make smug comments about how they'll see me on the few days I do work etc etc. A couple of them have made comments calling me crazy.

    I have had employees make smart remarks as above and last week a fellow employee followed me out to my car after I checked my schedule and she made a comment about how some people don't want to come in and do their jobs.

    In the past few weeks since telling my manager about my situation with SSDI I have also had my hours cut. I was getting 3-4 days a week going back to September. This week I had 3 days, which was then changed behind my back to 2 days and next week I only have one day. The district manager has also taken up an attitude with me but is smart enough to keep the comments to himself.

    I texted my manager earlier today about picking up hours at another store and told her I don't appreciate her telling everyone my business and made her aware of the harassing behavior being directed against me. She just ignored me.

    This has happened at two separate employers in the past few years and I ended up leaving. However I refuse to screw up my work history this time around.

    I am wondering if I have enough of a cause to call the EEOC Monday and file for disability discrimination charges.

    And I'm not sure if this helps my case any but I have two employees who should've been fired a while ago. One gets complaints on a weekly basis since she is very nasty towards customers and the employee who followed me to my car had been caught stealing beer and cigarettes and is a known alcoholic. She calls out at least twice per month faking sick and claiming her father is in the hospital for cancer on numerous occasions. I even have texts in my phone from the manager who spread my business around the store complaining about this woman vomiting in the booth after an all night bender. My manager texted me back saying she knows but can't do anything about it and even said the alcoholic was looking for the DMs number to cover her shift so she could nurse her hangover at home.

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

    Default Re: Does This Qualify As Disability Discrimination

    The EEOC will let you know if you have a case or not. You don't decide.

  3. #3
    Join Date
    Oct 2013
    Posts
    91

    Default Re: Does This Qualify As Disability Discrimination

    Alright, I'll call them Monday and see what they say.

    I have taken the liberty to go through my phone and write down when all these occurrences happened and will be calling HR Monday. Since va has a one party consent law I will be recording the conversation. If they don't take proper steps to rectify the behaviour and give me his hours back I'll contact the eeoc.

    Decided to contact the DM despite hus attitude towards me. He says he'll dicipline the one employee and speak to my manager. He was upset because my manager lied and told him I couldn't work at all. He'll also get me my regular hours back. Glad I didnt have to escalate things into a pissing match.

  4. #4
    Join Date
    Oct 2013
    Posts
    91

    Default Re: Disability Discrimination During a Trial Period at Work

    All the DM did was give me temp hours at another store. The manager there said its temp until they hire more help. I'm going to be sitting down with the manager next week, I'm having my social worker come along as a witness.

  5. #5
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Does This Qualify As Disability Discrimination

    Quote Quoting Dogmatique
    View Post
    The EEOC will let you know if you have a case or not. You don't decide.
    Actually the EEOC does not decide that. All the EEOC does is determine if the EEOC is interested in litigating that case for the employee. The EEOC only picks a very small number of cases to handle itself. For all the rest of them it simply issues a right to sue letter. Getting a right to sue letter does not mean you have a good case to litigate. It simply means the EEOC wasn’t interested in it. However, filing a timely complaint with the EEOC and getting that right to sue letter is required prior to filing the lawsuit. If you want to know if you have a good case to bring for disability discrimination under the ADA, consult an attorney who litigates such claims. Many give free initial consultations.

  6. #6
    Join Date
    Oct 2013
    Posts
    91

    Default Re: Disability Discrimination During a Trial Period at Work

    Lmfao, just had an epiphany.

    The last day I spoke to my manager and reiterated I was available my normal hours is the same day I first saw the DM upset at me. About a hour after I told my manager things hadn't changed he came in and left her office in a pissy mood. He told me Saturday she told him I wasn't available period.

    It all fits perfect now.

    March 19th - Told my manager I was on SSDI.

    March 21st - Co-Worker follows me out to my car and harasses me.

    March 22nd - Manager possibly lied to the district manager. Harassment by customers starts.

    I'm calling the district manager tomorrow, recording the Convo. I was originally going to ask for a sit down between my manager, him and myself. I'm doing to do that but I'm going to ask him if the 22nd was the day he was told I couldn't work. If he does, last puzzle piece falls in place.

    I may be crazy, but I'm able to flip mind games back onto people easily.

    DM wouldn't give any specifics on when he was lied too, and danced around making any promises. Lots of maybes, probablys and hopefullys. I've got it all on recording. I'm waiting on a call back from a law firm for consultation as an insurance policy. It'll look better with the state if I try and take care of it at the company level.

    Lawyer said to contact HR, if anything happens after that she'll help me with taking it to court.

  7. #7
    Join Date
    Oct 2013
    Posts
    91

    Default Re: Disability Discrimination During a Trial Period at Work

    Could use some advice. I'm being set up for termination. I've been able to combat it so far using audio recordings (they know I'm recording because I hit the play button in my pocket, then immediately turned it off and played like it was youtube video from the phone in my pocket) and using sly methods to call them out on my till being set up to appear short.

    However after emailing HR the calender was changed to show my manager wasn't in vacation when I called the District Manager.

    Yesterday I just happened to pop in at the right time and witnessed someone who I believe was the HR person I originally emailed with her hands on what I am certain is the DVR for our CCTV systems.

    I called HR this morning since they weren't willing to come to a resolution over email, however I recorded the conversation.

    He is sending me paperwork for the reasonable accommodation I asked for last fall, And I'm certain they will use this against me and say I just now asked for accommodation.

    To combat this I will email HR in a few and ask for all pay stubs to show that I did ask for hours cut to compliment the text message I sent my boss last fall asking for RA.

  8. #8
    Join Date
    Jun 2013
    Posts
    15

    Default Re: Disability Discrimination During a Trial Period at Work

    Quote Quoting Hemispheres
    View Post
    Could use some advice. I'm being set up for termination. I've been able to combat it so far using audio recordings (they know I'm recording because I hit the play button in my pocket, then immediately turned it off and played like it was youtube video from the phone in my pocket) and using sly methods to call them out on my till being set up to appear short.

    However after emailing HR the calender was changed to show my manager wasn't in vacation when I called the District Manager.

    Yesterday I just happened to pop in at the right time and witnessed someone who I believe was the HR person I originally emailed with her hands on what I am certain is the DVR for our CCTV systems.

    I called HR this morning since they weren't willing to come to a resolution over email, however I recorded the conversation.

    He is sending me paperwork for the reasonable accommodation I asked for last fall, And I'm certain they will use this against me and say I just now asked for accommodation.

    To combat this I will email HR in a few and ask for all pay stubs to show that I did ask for hours cut to compliment the text message I sent my boss last fall asking for RA.
    No need to seek further advice, if anything, this community has much to learn from you!
    Your strategies and techniques can only be compared to histories greatest military minds.

    1. Sponsored Links
       

Similar Threads

  1. Disabilities and Accommodation: Pay During Trial Work Period
    By AJ1441 in forum Employment and Labor
    Replies: 1
    Last Post: 09-19-2015, 07:27 AM
  2. Disability Benefits: Significant Gainful Activity vs. Trial Work Period
    By Turnipnator in forum Social Security Law
    Replies: 1
    Last Post: 02-18-2015, 08:44 AM
  3. Getting Fired: Discrimination Due to Disability
    By Kurosu in forum Employment and Labor
    Replies: 5
    Last Post: 01-21-2012, 04:52 PM
  4. Harassment: Short-Term Disability Denial, FMLA and Age or Disability Discrimination
    By pigsinablanket in forum Employment and Labor
    Replies: 4
    Last Post: 03-05-2011, 01:26 PM
  5. Discrimination: Disability Discrimination and DFEH
    By roxrox in forum Employment and Labor
    Replies: 4
    Last Post: 10-01-2007, 09:56 AM
 
 
Sponsored Links

Legal Help, Information and Resources