Do I Have a Valid ADA Lawsuit?
I was a stellar,high revenue generating employee at an airline for five years when disaster struck- I suffered a rare bout of bipolar disorder. I advised my employer that I was ill and would need an extended period of recovery time (without mentioning my specific condition). After two months, my employer requested an FMLA form to continue my absence. A few days after this request my supervisor phoned me and I advised I was considering writing a resignation letter (I felt they were badgering me) (June 7, 2001). On June 10, I submitted the completed FMLA form which mentioned my psychiatric condition. On June 15, my supervisor sent a letter stating that they accept the resignation I submitted on the phone and to return my badge,etc. I believe I was discharged due to my disability- I never said ''I resign'' or any equivalent thereof. Do I have a case under ADA? Can it be pursued under a contingency agreement?
1 Answer from Attorneys
Re: Do I Have a Valid ADA Lawsuit?
There is no case to pursue unless you already filed a Charge of Discrimination with the Dept of Fair Employment & Housing or with the EEOC within one year of the termination.