Should I sue my employer for discrimination?
I was told that I would be fired if I continued to miss work because of my seizures. They said I needed to use short term disability, although I would have to be fired when I did. They agreed to hire me back at my same pay and benefits if I came back before a certain date with a doctors note. My neurologist said I could return to work as long as I didn’t operate heavy machinery. My employer refused to hire me back because the restriction even though operating heavy machinery was never required for my job. I used to drive forklifts or tractors sometimes to help out, but my only job title was general assembly (which doesn’t require driving anything). My supervisor and plant manager both want me back, but the HR person said no. When I asked why, she said they wouldn’t work with me until I got well. I worked for the company 7 years and only started having seizures 2 years ago. What are my options?
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Do a search of “federal employee rights lawyers near me” and see if you can find a lawyer to speak with who can tell you what your rights are so you can make a more rational decision. I’m not sure that suing them is the answer. Some states have their own offices to help employees with just such a problem but I can’t remember the name of that office. They become an advocate for you so you don’t need to hire a lawyer. They’re a wing of the Federal government with an office in the state
Check to see if there’s an Equal Employment Opportunities Commission near you that can guide you through the necessary steps
I agree with @SEKA.
Once you are on meds and if there’s no found cause, you go back to a normal life. My husband has general epilepsy, if you have questions, PM me.
You can sue anyone for anything – the question is – will you win?
Check with a labor lawyer (not a bunch of yahoos on Fluther) first. It’s a bit surprising that the HR person is the one with the issues—I would have thought that he/she would have been more supported. Most likely covering his/her ass.
Rather than go to court, why not go to the HR person’s boss?
Once you have sued a company, it’s a pretty poisonous relationship going forward.
You might be able to speak with your local Congressman or Senator. You won’t speak directly to them, but to one of their assistants. Even IF they can’t help you themselves, they should be able to recommend someone who can. They might be able to get you an IN to the right person or department. Other than that, the EEOC that @SEKA recommended would be my next guess.
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Have a consult with a labor lawyer.
@SEKA This isn’t a discrimination case.
This will or may depend upon where you live. What country, state/county, and city? The laws vary in every area. The number of employees may make a difference. The type of business May as well. There are all sorts of varying factors.
@SnipSnip I disagree with you. @malcomkade has a disability & is being discriminated against because of it. He was pushed out onto short term disability & not rehired because of that disability. I bet @SEKA was thinking along those lines as well!!!
First and foremost, you need to fill out FMLA paperwork (Family Medical Leave Act). Your employer cannot discipline you for illness related issues once you submit this paperwork. Your doctor fills out the parts that he or she has to. This is a Federal act, so it’s for every state. If you consult with an attorney, the first thing they’re going to do is ask you if you filled out FMLA paperwork.
https://www.dol.gov/agencies/whd/fmla
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