Legal Question in Employment Law in California

I am diagnosed with ADHD and I have informed my employer. However. my boss seems to be doing everything in his power to make my work day as difficult as possible and it seems as if he is trying to make me quit or get me fired. Some of the things he has done since asking for written notice and details of policy changes include verbal warnings regarding actions I am unaware of and punishing me by saying I am required to come in on weekends because I am on salary. He has even sent me home because I asked for a written copy of instructions, stating that I was being insubordinate and refused to perform my task.

I have asked for few accommodations but have not received any, and whenever I do, it seems as if he magically finds something to punish me for. I recently asked to have my desk moved, stating that the distractions of my work environment have made it next to impossible to properly do my job and his response was to cite procedural or policy violations which have resulted directly from distraction. In fact, the first accommodation I asked for was simply for a better desk light. His response was to have my desk moved to a more noisy location because it has "better lights". After moving my desk, I said it is not brighter and it is more distracting and asked for my desk to be moved back... at which point I received a verbal warning for not being aware of a policy change and had subsequently violated.

His method of management is to implement policy changes or "new policies" nearly weekly, and issue them verbally. I cannot find any written documentation of these new policies he comes up with.

I have been with the same employer for 3 years. My boss was hired about a year and a half ago. I am a good employee, but cannot perform to the standard I was able to before. The majority of problems I have started after he was hired. I've been accused of insubordination, refusing to follow procedures, not performing my duties, not communicating clearly, refusing to answer my (personal) phone for calls related to work, being illogical, disruptive, and a "bad example".

I have asked for accommodations more than once. I have explained the disability more than once. Recently, I have been denied a raise even though I have been given much more responsibility, and it seems almost as if it is in retaliation to my requests. Is there any legal action I can take to remove the current manager from his position (and possibly from our work force)? I like what I do, and I am very good at it, but I cannot tolerate the way I am being treated much longer.


Asked on 12/22/10, 9:07 am

2 Answers from Attorneys

Aryeh Leichter Leichter Law Firm, APC

It sounds like you might have a case for disability discrimination and failure to reasonably accommodate but more information is needed regarding your specific job and the business you work for in general. If you would like to discuss the matter further, please give me a call (213-381-6557) or send me an email ([email protected]).

All the best,

Ari Leichter

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Answered on 12/27/10, 10:13 am
Terry A. Nelson Nelson & Lawless

If and when you are illegally discriminated or retaliated against, or you are refused accommodation, then you can consider legal claims.

An employer is not allowed to 'discriminate' against a legally defined "disability" by any adverse employment action like termination, demotion, harassment, hostile environment, etc. An employer is obligated to provide 'reasonable' accommodation of a disability upon proper notice of valid medical requirements, if accommodation can be done without substantial burden to the company, and accommodation will allow you to still perform all the essential functions of your job. Violation is grounds for a lawsuit. Every case is determined upon its merits and all the facts.

Any claim of discrimination you may bring must be able to overcome their stated 'defenses' that you are not performing all your necessary functions satisfactorily, and that you are 'disruptive' and demanding. You will need more than your 'word' to PROVE discrimination. This should include witness testimony and pertinent documents proving disparate treatment of you, compared to others.

Now, if they violated those rules, and if you think you can prove it, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years.

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Answered on 12/27/10, 10:29 am


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