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Is this even legal?!?

West Palm Beach, FL |

I believe I am being targeted and discriminated against due to my arthritis in my current job.I filed an official complaint with HR. When HR came in to begin the "interview" process the first 20 minutes consisted of the HR rep telling me about my future "options" with the company. To stay and risk the chance of being terminated and having no income or to go on "vacation" and never come back. She said that she had discussed my disability issues with the other HR director and they believe I would qualify for SSD. All of this was unsolicited by me. My supervisors have made sure to pad my file with disciplinary actions to make it appear I am not performing my job. I've got the OEO forms to fill out but wonder if I should even waste my time. Is this even legal???

Attorney Answers 3


  1. Best answer

    There could be a claim for violation of the ADA or Florida Civil Rights Act. You first need to file a complaint with the EEOC. If you want to learn more about the process check out our employee rights blog at www.takethisjobnshoveitblog.com or www.behrenlaw.com. Feel free to call our office for a free consultation.


  2. I am a California attorney and not eligible to give legal advice in your state. My comments are for information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT PROVIDE SIMILAR OR GREATER PROTECTION. If I refer to your state's laws, that only means I did a quick Internet search and found something that appeared relevant. You should not rely on any comment I make regarding your state's law. You MUST check with an attorney licensed in your state.

    It sounds like you have good reason to wonder if something improper is going on. The obvious concern is that you are being subjected to adverse treatment due to your disability in violation of the Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA). Please look at my Avvo guide on the ADA: http://www.avvo.com/pages/show?category_id=6&permalink=disability-discrimination-in-employment.

    The answer to your question – "Is this even legal?" – will turn on specific facts. The Avvo board is not really set up to handle the kind of detailed analysis that is needed in your situation. Avvo works best for short, specific questions that allow for short, specific answers. Perhaps more importantly, anyone can read the discussions on Avvo so they are not confidential. Your employer or whomever you are in a dispute with can read everything written here.

    Employment law is complicated and fact specific. You may wish to consult with an experienced plaintiffs employment attorney in your state. To find a plaintiffs employment attorney in your area, please go to the web site of the National Employment Lawyers Association (NELA). NELA is the largest and most influential bar association in the country for attorneys who represent working people. The web site is www.nela.org, and you can search for attorneys by location and practice area.

    Also, NELA has affiliates in every state and in many cities. On the NELA web site, you can look at the list of affiliates. Some attorneys will be listed in the affiliate membership list, some in the national organization membership list, and some in both. Being listed in one or both lists should not influence your selection because attorneys can choose whether or not to purchase the listing in the national directory. Each local affiliate has its own rules for listing.

    I hope you can resolve your situation and wish you the best.

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***


  3. You should promptly speak with a local attorney about the detailed facts of your case. You may have a claim under the Americans WIth DIsabilities Act. You might also have a claim under the Family & Medical Leave Act. Everything really depends on the facts so that the facts of your situation can be applied to the law. Call a local attorney who handles employment litigation. If you desire, you can contact my office for a telephone screening of your basic facts to determine whether to bring you into the office for a detailed discussion of your facts and potential claims.

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