Legal Question in Disability Law in California

Hello, my name is Victoria, and I am recently up for temination in California. I'm not really sure what I can do to keep my job, as I am the only provider for my two young children, but I am willing to fight as hard as I can.

I recently sent a letter to the Plant Manager on June 29th and my Senior Supervisor advising them on my mental disabilities, medications, therapy, and Dr.'s appointments. I just thought they needed to know what I suffered from, which is Panic Disorder, PTSD, Bipolar, and Depression. I have been fighting to get things under control for over a year, and took a year off of work on Disability so I could focus on therapy. I was advised by HR that if I didn't return to work within a year, disabilities or not, healed or not, I would lose my job. I managed to get my Dr. to sign me off back to work 6 days before my year was up.

After being back to work, I still had bad Panic attacks, which I was also told by HR I could not take my medication to prevent these panic attacks while at work. even though, this medication had no adverse effects on me personally. Since returning to work, I've had 7 panic attacks at work. Five of which I was able to control on my own, one my Supervisor gave me a TOR (time off) and the other sent me to the ER just before my shift.

I had had a meeting with my Senior Supervisor just days before about a different Job possition, and he had mentioned that I was one of the best workers they had, I did well in every possition I had with them, and after letting the Plant Manager know of my disabilities, he had contacted my Sr. Sup. and asked about me, and he and all my Supervisors backed me up in how great of a worker I was.

On the night in question, I had a very bad panic attack around 8:30pm. My shift starts at 10pm. I had fainted, and my head hit a small table, gashing my forehead wide open. My Husband cleaned the wound, and put a butterfly closure strip on it. He drove me to work and it wasn't until I got to work, that my memory started to get bad, I started to get dizzy and ill, and eventually threw up. I couldn't remember where my locker was or where to go to get to my department. Someone got one of my Supervisors to come down and talk to me. The Sup. informed me he could not allow me to work in that condition and told me to go to the ER. He called my Husband as I couldn't even remember my own number. I went to the ER and was diagnosed with a minor cuncussion and a sinus infection. The Er Dr. gave me a Dr.'s note, taking me out of work for that night and the following night.

I was called the next day and told not to come into work until after the holiday (July 4th) as my job was up for review and possible termination. I'm really stressing out right now, trying to figure out what I did wrong. This Company prides itself on being family oriented, and supportive to those in need, and when it came to that point, they want to fire me.

My Employer works on a point system. Missing a day of work is 1 point, tardiness under 30 min's 1/2 a point. No call No Show 2 points. You can get a total of up to 7 points. And points do not fall off until the next year to the day you got the point. I was at 6 points on the night of my accident. I had called in several times due to major panic attacks 2 years prior, and due to my 1 year off on disability, those points froze until I returned to work.

I have a few questions. 1.) Does The Americans with Disabilities Act apply to me, since I was perviously on disability for these illnesses, and informed my bosses of my disabilities before my termination? And the fact they made no effort to work with me on the situation 2.) I was not willingly sent home. I had asked to stay, that I could perform my job, which was a Seal Watcher (in a sitting possition watching bags go by on a conveyor), and not harm anyone even in my state. There had been one other time in my employment, that I was unwillingly sent home, a point assessed, and then later removed due to the fact that I was SENT home and had not requested to go home. and 3.) I have an ER note from the Dr. on shift giving me those days off, does that not count for anything?

I loved my job, I thought the company was great, and saw myself working there long term, if not retire from there. I never figured in my weakest moment would they use my health and mental illness against me and fire me.

If you could please get back to me on this, and let me know, that'd be great. I have already Contacted the EEOC, Labor board and BBB and the State bar Association trying to figure out my rights and the laws protecting me from this kind of termination, but I haven't gotten anything back from them to tell my work. I have 7 days to write a letter explaining why I should keep my job and I would like something to go by.

Thank You

Victoria


Asked on 7/07/11, 10:24 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, unless it is based upon illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights, or similar statutes.

If claiming a legally recognized disability, the employer is required to accommodate you 'reasonably' as long as you can perform all the essential functions of the job with appropriate and reasonable accommodation that does not cost the company substantial money or inconvenience. If you can't do the job, you will be terminated. Requiring substantial time off, or missing time, or creating problems and trauma at work, would be 'not performing'. Every case is going to turn on the actual facts. Based upon your description, you have a real problem case, with obvious defense claims available to the employer.

If you seriously think you can prove all the things required, and overcome the company defenses, with independent corroborating evidence and testimony, feel free to contact me to discuss the merits, value, costs and risks of such case.

Read more
Answered on 7/07/11, 3:32 pm


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in California