Was I wrongfully terminated? Do I have a case?

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Was I wrongfully terminated? Do I have a case?

Post  JimmyJazz4 on Tue Jun 23, 2009 12:23 am

1) If I think I was terminated because of a disability, how does one start the claim process in PA? Do I have to start with PA Human Rights Commission? Philadelphia Human Rights Commission (I was employed in Philly). EEOC? Lawyer? All of these? Some of these?
2) This is all new to me. I called lawyers, and only 2 replied and they both said that I would have to pay them to represent me--employment related cases aren't handled on a contingent basis. Is this correct?
3) I had a breakdown in Feb. and went on STDisability, which I'm still on. During the protected FMLA period, my employer, on 3 separate occasions, threatened to terminate me if my disability carrier didn't extend my disability insurance. I don't know if they knew why I was on disability at that time.I know they should not have done that because STD and FMLA aren't related. My family finally was able to educate them and got them to back off. My employer definitely was aware I was out due to anxiety and depression as of May 18, when my therapist sent a doctor's note stating I couldn't return to work until 8/3. Shortly after my FMLA was exhausted, I was terminated. My employer waited until the last day of the most currently approved disability insurance and then terminated me the next day, 6/17. I'm in the process of applying for disability extension past 6/17. Anyway, I think once my company found out why I was out sick, they wanted me gone for good (due to the bad stigma of mental distress). They claim they made a mistake and they should have written I would NOT be terminated (yeah, right, the same mistake 3 separate times??).
Does this sound like a case?
Thanks.
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Re: Was I wrongfully terminated? Do I have a case?

Post  JoeC (McGruff) on Tue Jun 23, 2009 3:06 am

I would use an attorney not an administrative agency like the EEOC or even worse a municipal civil rights office who are notoriously inept. If the attorney requires a fee up front you have to weigh if it is worth it or keep looking for an attorney that believes the case is strong enough.

There are posters more familiar with administrative law hopefully they will chime in.
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Americans with Dissabilities Act

Post  Eric on Tue Jun 23, 2009 9:24 am

A couple of quick things....

FMLA is not the only way you can get your employer to grant you time off. Time off from work to recover from an illness is a reasonable accomodation from a dissability. Your dissability is covered. Your employer knew of it and I'm assuming you asked for the reasonable accomodation, whichis more time off.

In order to start the process of making a claim you have to file your claim with the EEOC and any state agency that might handle dissability claims concurrently. This is a requirement. I am assuming that your employer has more than 15 employees. That is another requirement.

Some attorneys take dissability claims on a contingency basis, but only if they think the case is strong and they're time is going to be compensated.

My advice, as it is, is to file with the administrative agencies and go from there.

Good luck,

Eric
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Re: Was I wrongfully terminated? Do I have a case?

Post  JimmyJazz4 on Tue Jun 23, 2009 2:32 pm

Eric wrote:A couple of quick things....

FMLA is not the only way you can get your employer to grant you time off. Time off from work to recover from an illness is a reasonable accomodation from a dissability. Your dissability is covered. Your employer knew of it and I'm assuming you asked for the reasonable accomodation, whichis more time off.

In order to start the process of making a claim you have to file your claim with the EEOC and any state agency that might handle dissability claims concurrently. This is a requirement. I am assuming that your employer has more than 15 employees. That is another requirement.

Some attorneys take dissability claims on a contingency basis, but only if they think the case is strong and they're time is going to be compensated.

My advice, as it is, is to file with the administrative agencies and go from there.

Good luck,

Eric

Are you saying the note my therapist sent to my employer May 18 stating I had debilitating anxiety and depression and could not return to work before 8/3 could be considered a request for a reasonable accommodation?
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Re: Was I wrongfully terminated? Do I have a case?

Post  JoeC (McGruff) on Tue Jun 23, 2009 3:03 pm

Eric wrote:Your dissability is covered. Your employer knew of it and I'm assuming you asked for the reasonable accomodation, whichis more time off.

In order to start the process of making a claim you have to file your claim with the EEOC and any state agency that might handle dissability claims concurrently. This is a requirement. I am assuming that your employer has more than 15 employees. That is another requirement.

Some attorneys take dissability claims on a contingency basis, but only if they think the case is strong and they're time is going to be compensated.

My advice, as it is, is to file with the administrative agencies and go from there.

Good luck,

Eric
If you intend to file in U.S Court then you have to file with the agency prior to launching suite. However if an attorney sees a case he can file in state court without having to satisfy an administrative hurdle in many states. The attorney can also craft the complaint to file with the EEOC if he believes federal court is the proper venue.
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Re: Was I wrongfully terminated? Do I have a case?

Post  JimmyJazz4 on Tue Jun 23, 2009 3:39 pm

[quote="JoeC (McGruff)
If you intend to file in U.S Court then you have to file with the agency prior to launching suite. However if an attorney sees a case he can file in state court without having to satisfy an administrative hurdle in many states. The attorney can also craft the complaint to file with the EEOC if he believes federal court is the proper venue.[/quote]

I can't afford a lawyer. I have no savings.

I'm very confused with the posts here. One says it's a requirement to file with EEOC and state agency. Another post says maybe skip that and go directly with an attorney.
You are all confusing me (sorry Sad ).

Also, just to reiterate: is a letter from my therapist saying I have debilitating anxiety and depression and can't return to work before 8/3 considered to be a request for a reasonable accommodation?

Thanks!
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more info

Post  Eric on Tue Jun 23, 2009 5:21 pm

I will defer to McGruff on the state statutory requirements of filing with an agency before filing suit.

The letter from your therapist to the employer might be construed as a request for an accomodation or it might not. I don't have any case law in front of me where I can definitively make a statement one way or the other. You might be able to do your own research if you have a law library near you. You might want to visit a local law school and ask if they have a clinical program where a law student might be able to represent you (under the supervision of a practicing attorney, of course)

Since you have no money for a lawyer you really ought to call either a state or federal agency. They might be able to help.

Sorry I cannot be of more assistance.

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Re: Was I wrongfully terminated? Do I have a case?

Post  JoeC (McGruff) on Wed Jun 24, 2009 5:08 am

Sorry for the confusion you can do either one you can file with the EEOC or contact an attorney. In my opinion it is best to contact an attorney prior to filing with the agency.
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Re: Was I wrongfully terminated? Do I have a case?

Post  JoeC (McGruff) on Mon Jul 06, 2009 3:01 am

nnotsoo wrote:Do you want to go back and work for this employer? You did not have a Wcomp case. For a Disability not caused by work, an employer may request you to start working sooner, though not n his best interest as the work may impact your disability. Depending on your state he could fire you. Was your illness life threatening? Could you have gone to work under your illness, or did you like getting the "free money"? So why not collect unemployment if your state has it? Did you ask your employer "if i get better, can i come back to work"? Were you a critical piece in his company? Were you costing him $$ being out on sick leave? You have a responsibility here too, to your employer.
Been there, took Prozac for 3 yrs so I could work and not go postal, quit the drugs when I finally quit, all depends what YOU WANT TO DO!
Are you at all familiar with the ADA or PA equivilant? Because it does not sound like it.
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Well, well, well

Post  Eric on Mon Jul 06, 2009 3:03 am

nnotsoo wrote:Do you want to go back and work for this employer? You did not have a Wcomp case. For a Disability not caused by work, an employer may request you to start working sooner, though not n his best interest as the work may impact your disability. Depending on your state he could fire you. Was your illness life threatening? Could you have gone to work under your illness, or did you like getting the "free money"? So why not collect unemployment if your state has it? Did you ask your employer "if i get better, can i come back to work"? Were you a critical piece in his company? Were you costing him $$ being out on sick leave? You have a responsibility here too, to your employer.
Been there, took Prozac for 3 yrs so I could work and not go postal, quit the drugs when I finally quit, all depends what YOU WANT TO DO!

Looks to me like we have someone that doesn't have a clue.

You know, its not all that hard to figure out when a poster is a complete idiot, and you sir are a complete idiot.

You should be admonished for posting about something you have no clue about.

Consider yourself admonished.

Eric
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Re: Was I wrongfully terminated? Do I have a case?

Post  JoeC (McGruff) on Mon Jul 06, 2009 3:07 am

Hey Sposito whats up! Yep we got our first walking talking rectum, kind of sounds like that idiot cyjeff from the dark side. We may have to cut him some slack, he came over here from LaborLawTalk (according to his P.M where he called me a dick) being a complete idiot is rewarded over there, they make them super moderators.

Don't work like work like that in McGruffs world you got to know what your writing about or your get feelings hurt.
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