Legal Question in Disability Law in California
Disability Discrimination at Work
5 or more employees are experiencing discrimination due to being on some sort disability leave. Our company is a MAJOR MAJOR MAJOR company and we are based on attendance points and we are also union-based. Example: If an employee is on a counseling notice and they go on an approved leave (i.e. disability) all time freezes but when these employees return back to work they are extending their roll off dates based on the amount of time they were out on disability leave. When this matter was brought to managements attention by the union, management/hr were unable to locate a policy allowing this to happen and stated they will fix this issue. Months have gone by and the issue still has not been resolved. Some employees are experiencing bullying by management in the workplace and STRONG intimidation. We are seeking someone who is strong and will handle our case on a contingency level. More information and the name of the company can be discussed on a one on one basis. PLEASE HELP!!! Thank you.
3 Answers from Attorneys
Re: Disability Discrimination at Work
It's not a contingency fee case. I would be pleased to consult with you without charge, but to take the case I would need cash up front. While the applicable law might allow you to eventually recover your attorney fees, my best guess is you will not find any lawyer willing to take it on contingency -- you will only see contingency fees in cases with -very clear- liability and a source of recovery. Why hasn't your union gone to bat for you?
Re: Disability Discrimination at Work
I have two of these types of cases on contingency right now - both against large employers.
I'd be happy to assess your situation with you via telephone.
Re: Disability Discrimination at Work
Most of what you complain about is properly remedied only through your union grievances. You have no right to civil action for any on job issues like 'bullying' or 'intimidation' or 'attendance points' or 'counselling' issues, etc. - you gave up most of your civil rights when you joined the union and got that great 'job protection' they offer in exchange for your dues.
However, if you can prove actual discrimination and retaliation for you taking FMLA leave, as those terms are defined under Title VII, FEHA or ADA, then you MAY be able to pursue that specific limited issue in a civil suit. It is a difficult problem for a civil attorney because of the interrelationship with the union CBA preempting civil suit for any on job issues. I have handled such discrimination issues for over 30 years. Feel free to contact me if you really believe you can prove what I described.
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