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  1. #1
    Join Date
    Oct 2016
    Posts
    18

    Default Encouraged to Filed for Disability when No Disability is Present

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

    I am being advised to file for disability. The issue is, one I don't want to. And two, I have no disability whatsoever. I am being told that I am perceived as being a very depressed person and that I would be better off at home, drawing a check, because the workforce is not a good place for someone like me. This all very interesting to me. I have been in the workforce since 1993 with no gaps at all. Even when I was let go due to downsizing in 1997 and again in 2000, I was never out of work. I have been with my present employer since late 2000. Yet, now, I am being perceived as being so depressed that I don't need to be in the workforce. I don't get where any of this is coming from. If I am exhibiting any outward signs of depression, it is not affecting my work. I still show up for work and do my job just as I have always done. So, can someone be forced to file for disability? And, even if I did file (which I am not going to do), isn't that a long, drawn out process? And doesn't a disability have to be just that? An actual disability that disables? Honestly, this making me very uncomfortable. I don't get why such a recommendation is being made. I am not sure what is behind all of this. I haven't received any written reprimands or anything like that. My performance evaluations have all been very good. I have requested that my employer stop with this, but they haven't. I am documenting it each time. Is trying to encourage someone to file for disability (when they clearly have no disability that is preventing them from working) considered harassment?

  2. #2
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,724

    Default Re: Encouraged to Filed for Disability when No Disability is Present

    It is harassment.
    If you do not have a history of treatment for mental illness, then filing for disability is a waste of paperwork.
    Don't make me quote Monty Python at you.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,924

    Default Re: Encouraged to Filed for Disability when No Disability is Present

    Quote Quoting McKay
    View Post
    I have requested that my employer stop with this, but they haven't. I am documenting it each time. Is trying to encourage someone to file for disability (when they clearly have no disability that is preventing them from working) considered harassment?
    Of course it's harassment.

    Exactly who is telling you this? No names. Just provide his/her position with the company and his/her employment relationship to you. Is this your direct boss? Is this the person who gives you your performance evaluations? Does this person have a personal dislike for you? How many employees does the company have? Are there levels of corporate management above this person?

    You've been in the workforce for 27 years. That would make your age about 50. Could this treatment be a harbinger of age discrimination?

    What I'm getting at is maybe you should put it in writing to this person that the comments are unacceptable and need to stop or you will take the matter up to a level above his pay grade.

    Or just report it to his superiors.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,390

    Default Re: Encouraged to Filed for Disability when No Disability is Present

    I'm going somewhere specific with this. To a certain degree it relates to the answer to Jack's question but I think is relevant nonetheless.

    Accepting your statement that you have no disability, do you have any medical condition that does not meet the level of a disability?

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