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I believe I have been discriminated against for my age (60) and disability. Slander is also a concern

Portland, OR |

All occurred under one manager. She referred to "your arthritis" as a factor in a poor performance review. I was given responsibilities for two other positions including my assigned job, but these were not in my job description. My manager has told me repeatedly to stop charting at the end of my shift and complete it in the morning (policy is to finish by 10a.m.) Last week I was given a written warning for not finishing my charting during my assigned hours, tardiness, refusing lunch breaks and accused me of filling out a form for an incompetent patient. My manager couldn't remember the name but said she could produce it but has not. Also, many of us go for days without breaks due to short staffing. Manager was aware. Manger said once to try to take a break so she doesn't look bad.

Attorney Answers 3


  1. Best answer

    I am expecting that there are a lot more facts that are going on. You probably should try and get/keep copies of any written warnings and further document all conversations. Probably a good idea to start a log of all the actions, statements, etc. made by management and co-workers. You should also likely contact an attorney once you have gathered this information so that you can show them and explain your situation in detail.

    Information is provided to assist the reader in forming questions and allow them to take full advantage of a consultation with the attorney of their choice. Schuck Law, LLC does not provide legal advice to individuals who have not signed a written fee agreement with the firm. The facts, which were not disclosed in the written question may change the advice, if any, that would be rendered by the attorneys at Schuck Law, LLC. For these and other reasons, Schuck Law, LLC is not responsible for any damages caused by the reader's use, mis-use, or interpretation of the information provided herein.


  2. It is a myth among employees (usually marginal employees who are feeling some heat from management) that any remark or statement of observation about an employee's disability of physical limitations constitutes disability discrimination. That is not the case. The facts that you have recited here do not by themselves support a claim or action based on disability discrimination,.

    Neither does this statement of facts support any accusation or claim re slander. Statements in the workplace, even if you believe them to be provably wrong, are not per se slander.

    It is possible that you have a claim for some break or meal time. But that claim will not protect you from termination based on the facts of your own summary here.

    You don't want a sound employment law claim. Those take years to pay off, and require vast quantities of money, effort, and stamina -- all with wholly uncertain results. What you want is a good job. Want to save yours? Pay attention to what your manager is instructing: "My manager has told me repeatedly to stop charting at the end of my shift and complete it in the morning (policy is to finish by 10a.m.) Last week I was given a written warning for not finishing my charting during my assigned hours, tardiness, refusing lunch breaks and accused me of filling out a form for an incompetent patient." YOU are at imminent risk of termination and that termination will almost certainly be lawful. There is one way to save yourself: adjust your performance to meet the standards of your employer.

    NOTHING SAID HERE IS LEGAL ADVICE! Read this notice BEFORE you contact me! My posts on Avvo in response to the public's questions are never offered as legal advice. Do not rely on any response posted by me as applicable to your specific problem or circumstances. Exchange of information through Avvo's Questions - Answers forum does not establish an attorney-client relationship with me or my law firm. My law firm does not provide free consultations. See http://www.avvo.com/legal-guides/ugc/free-consultation-the-purposes-and-utility-of-free-for-potential-clients-and-for-attorneys for further details on that issue. Please do not call or email me with a “few questions.” I give advice, make recommendations, and answer specific questions only after reviewing the documentary record and other evidence applicable to a specific client, and only in the course of or following a conference with my client in which all of the relevant information can be identified and developed. AND I give legal advice ONLY in the course of an attorney-client relationship created and defined by a written contract for services, signed by my client and by me or a member of my firm, for which payment has been made. My law firm presently accepts cases involving State and federal licenses and permits; professional (State or federal licensing agency) discipline against State and federal licenses; and disciplinary and academic disputes involving universities, colleges, boarding schools, and private schools. We accept grievances, administrative claims, arbitrations, mediations, negotiations, and other non-litigation matters pertaining to employment, hospital and facility privileges, tenure, and contractual disputes. We conduct seminars and training in employment law for employers and union advocates, and in issues of professional/occupational licensing law for criminal defense attorneys. We accept NO contingency work, and we take no matters for which CCP discovery is applicable.


  3. You have not provided any information that would indicate age discrimination. It appears from your description that your employer has pointed out a series of performance issues one of which you feel may be unjustified. If you believe that your arthritis is somehow interfering with your ability to do your job you should consider requesting an accommodation. It isn't likely though that tardiness, or not performing tasks within time requirements could justify discipline up to and including discharge. You should review your issues with an Oregon licensed employment attorney. There are number of us here on Avvo or you can call the Oregon Bar for a referral.
    Best of luck.

    NO LEGAL ADVICE GIVEN. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship set forth in a written document executed by the client and by me or a member of my firm. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. My law firm does NOT provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your case. I can give advice, make recommendations and answer specific questions only after reviewing the evidence and documents applicable to a specific client and following a personal meeting in my office in which the relevant facts can be developed and analyzed. My law firm presently accepts cases involving State and federal administrative law; professional licenses and permits; education law; employment and labor law; and litigation matters in state and federal courts. Our practice is limited to the States of Oregon and California. If you have a case in any other state we would not be able to assist you. Unless we have a signed written fee agreement you are not my or my firm's client.

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