Legal Question in Disability Law in Massachusetts

Re: Panic Disorder & employment

The advice here is not meant to be relied upon but to show you some of the issues raised by your question. This is more complex than can be accurately and appropriately answered here. PLEASE DO NOT POST ANY ANSWERS TO THE QUESTIONS I ASK IN THIS FORUM. I do not represent you yet. For representation, an Attorney-Client fee agreement is signed, an advance retainer paid; this after meeting to discuss facts, rights,options,procedures,fees and costs. Here are some questions to consider before you meet with an attorney: How many employees total? Any union? What type company? Others with disabilities? What dialogue with bosses? What options given,if any? Did employer know of disability prior to events leading to flare up? What was immediate response to request? Any rumors? How about other job aspects? What qualifications do you have? Was it job duties that caused flare up or was it medically or otherwise caused? How proven? What 'medicals' support? Did you file a 'notice of first injury' if incident work related? - i.e. begin or consider beginning timely worker's compensation claim if missed time adequate? (This may ultimately affect other claims either way, BE CAREFUL,IT CAN FORECLOSE OTHER CLAIMS.)Private or public employer? Does employer 'contract' with any state /federal agencies? Your age? How did you seek accommodations? Was this before or after you sought a doctor's care for 'flair up'? Any medical evaluation showing you needed recovery time or reasonable accommodation? To what extent can you still do the job as before accommodations? (Answer this question "with or without" the reasonable accommodations.) How do accommodations actually affect specific duties? Qualified for other jobs at employer that are open to you? Can you afford to end work if employer makes terms and conditions so bad you're forced to quit? (Anything obvious to others that shows you're singled out for harsh,unfair or disparate treatment because of disability? or just you notice?) If so, why the need for such drastic changes? Will medication help job performance or hinder. Medication for disorders can affect flair up frequency when it's supposed to help? I ask this because an in depth medical evaluation with meds review of present or suggested meds and how they affect job performance is in order. Federal and state laws give significant protections for disabled persons. Cases usually turn on whether the person can actually do the job with the disability. Reasonable accommodation aside, accommodation circumstances may or may not be determinative. Many factors affect how to proceed. Assistance of more than one attorney, and separate medical advice are likely needed. Statutes of limitation for disability discrimination claims are very short, 180 days. Feel free to contact me. Respectfully,Thomas Abdow, J.D.