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.
Employment / Labor Attorney
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.
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Administrative Law Lawyer
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.
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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.
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