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What type of attorney should I contact to help me with disability, discrimination, harassment, bullying, FMLA, maybe even Comp?

Stayton, OR |

I am an 8 year State employee & a Disabled Veteran (back injury). My Supervisor has been harassing, intimidation & bullying me since last year. She has history of doing this to others. 7 months ago, she assigned me to a job that I said I was concerned with, because of my former back injury. They made accommodation...a heavy ladder. 2 months later, I injured my shoulder & had a Comp claim open for a few months. That Comp injury, aggravated my old back injury and I was placed on heavy work restrictions. Management stated that I was not able to do my job, based on those restrictions, and I was sent home. I can not come back until they are lifted. I have applied for Short Term Disability but my FMLA time is about to expire. I believe they will use this as a reason to terminate me.

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Attorney answers 2

Best Answer

I am sorry to hear about your situation. You have presented several issues: workers compensation, possible disability discrimination, possible FMLA violations, and possibly retaliation. I suggest you contact a local employment attorney for a evaluation of the discrimination claims.

Workers compensation is usually a separate, specialized area so you should probably retain a workers comp attorney for that claim. Good luck.


I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.

You need a plaintiff's employment attorney. You can find one on the National Employment Lawyers Association (NELA) web site NELA is the largest and most influential bar association in the country for attorneys representing working people. You can search by location and practice area. Also, NELA has affiliates in every state and many cities which are listed on the NELA site. Not all NELA attorneys are named on the web site or affiliate site. This should not influence your selection; attorneys can choose whether or not to purchase a listing in the national directory, and each affiliate has its own rules for listing.

You probably also need a workers' compensation attorney. Ask your employment attorney about this.

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

@MikaSpencer * * * * * * PLEASE READ: 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.

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