Skip to main content

Can an employer force accommodations on an employee?

Appleton, WI |

My employer forced accommodations on me and then threatened termination if I did not agree. The accommodations were not workable for me and also made me extremely uncomfortable. My employer never listened to my suggestions, that I know would be reasonable. The accommodations were also given to me after I was to return to work normally as scheduled. This was after breaking my wrist. I work out of the home and I knew I could do the same at home. I feel they are retaliating against me because I filed an EEOC claim against them. Thus, I was terminated. Now, they are saying I quit, when in fact I did not. I am not receiving unemployment because the company said no. I have to go to court and have a judge decide. They are now getting a lawyer to represent them.

Attorney Answers 2

Posted

Your employer has an obligation to engage in a cooperative process with you to establish workplace accommodations.

You may also have a retaliation claim. Although you have already filed an EEOC claim, you'd need to file a new claim (or a claim with the Wisconsin Equal Rights Division) in order to address the retaliatory termination.

It sounds like you're also entitled to your unemployment insurance, provided the employer cannot establish that you engaged in misconduct. You're also entitled to have an attorney present at the unemployment hearing.

Mark as helpful

Posted

You have the opposite situation of most since you didn't want accommodations that they were trying to provide; nearly all claimants are denied accommodations they want. If they fired you *after* the EEOC claim, you may have a decent retaliation claim.

Continue through the EEOC process. Start calling employment attorneys in the Appleton area.

Clark County, Nevada practitioner.

Mark as helpful

1 found this helpful

3 comments

Asker

Posted

I have an EEOC Lawyer and he said I could do this myself. I did not realize my ex-company got a lawyer until last week. I know I am right. I do have back up from ADA, J.A.N., e-mails, physician backups. I did call EEOC and could also file a new EEOC claim, but I cannot go through that again. I also do not have money for a lawyer for the unemployment case and the lawyer I have now, does not do unemployment. I am just hoping all goes well. I am a Christian and believe that God has the plan. I am also to a point where I really do not care what happens, but I will not back down from my appeal. Thank you for your answer. You are right about the opposite - strange. Thank you for taking your time to answer me.

Asker

Posted

I have an EEOC Lawyer and he said I could do this myself. I did not realize my ex-company got a lawyer until last week. I know I am right. I do have back up from ADA, J.A.N., e-mails, physician backups. I did call EEOC and could also file a new EEOC claim, but I cannot go through that again. I also do not have money for a lawyer for the unemployment case and the lawyer I have now, does not do unemployment. I am just hoping all goes well. I am a Christian and believe that God has the plan. I am also to a point where I really do not care what happens, but I will not back down from my appeal. Thank you for your answer. You are right about the opposite - strange. Thank you for taking your time to answer me.

Asker

Posted

Sorry - somehow this got put in twice above.

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics