Job terminated due to disability

Asked over 1 year ago - Buffalo, NY

I worked for a large health insurance company for 11 years. Since I had their insurance, any claims I had were viewed by them. I was a Customer Service Rep and on phone all day and was excellent at my job. Supervisors kept calling me off phone and finding reasons to write me up. Such as "poor judgment" but refused to give me an example. Called Union in and they sided with company1 I became so ill from job harassment and bullying that I acquired mental health issues. Union did not help. Went out short term disability and Dr. refused to let me go back. After a term company sent me a certified letter stating "Terminating due to Disability" Lost everything.. EEOC stated can not prove discrimination. How could they get away with this? Cannot use them as a reference for job

Attorney answers (3)

  1. Craig A. Post

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Consult with an attorney in your area that handles wrongful termination matters but should do so right away. If you have a right of appeal from the EEOC decision, you likely have a short time to file. You may also have a workers compensation claim and should consider consulting with a workers comp specialist.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  2. Denise Kingue-Bonnaig

    Contributor Level 9

    1

    Lawyer agrees

    Answered . There’s a ball of legal issues to untangle, (some of which may be facing timeliness issues) and you should obtain a consultation ASAP with an experienced employment lawyer to determine which laws provide the most favorable remedies given your situation.

    As for the job reference issue, an experienced employment attorney will assist you in negotiating an appropriate reference from your long-time employer, and if said employer refuses to negotiate, there are steps that can be taken to help you safeguard your reputation, with your attorney’s advice and counsel.

    Best,
    Denise K. Bonnaig
    212-374-1511

  3. George Ellis Corson IV

    Contributor Level 20

    1

    Lawyer agrees

    Answered . To prove discrimination, you will will have to somehow prove that you were able to do the job despite your perceived disability. Since the Doctor (according to your narrative) precluded your return, I do not know what you were expecting aside from separation. I recommend that you consult with a NY Attorney, but your facts do not sound promising based upon what you state.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY... more

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