Americans With disability Act
I had been an employee at a company for 8-1/2 years. In Oct. of 1997 I underwent a pancreas-kidney transplant that failed and required hospitalization and care for 10 months. After being back 6 months I was called into the personel directors office and told that my "position was being eliminated." It was elaborated that I was NOT being terminated. I was told that I would recieve 4 weeks severence pay and asked to walk out of the building. Desperately requiring the finances I signed the agrement not to sue the company and mailed them in. I recieved a certified letter requesting that the form be notorized. I again mailed the form back only kept the explanations of the agreement at home. I was once again contacted and told that all the forms were required. At this point I called the Personel Director and he stated that "we should have done this long ago to you..." Where do I stand with this situation?
1 Answer from Attorneys
Re: Americans with Disabilities Act
Maybe Yes, Maybe No.
It is too early to tell whether you have the
facts for a successful case. Employers often
claim they have "eliminated a position" which
was filled with a person with a genuine handicap. It will be your burden to prove that the position was not actually eliminated. Maybe they gave it another name. Maybe they did a corporate shuffle. Maybe they told you that because if they had your release it wouldn't matter if they lied. . . . . And on and on and on. The employer's health insurer may have been behind it also. You'd be surprised at what sometimes surfaces or is dug up.
So . . . you have a very short statute of
limitations. Get thee to an employment lawyer
immediately. You must file in EEOC and your local antidiscrimination commission. Once you file, your attorney can learn the details.
Do you have, perhaps, have friends in the company to let you in on the new corporate hierarchy or structure or to tell you who took your place? What work did you do? Is it the sort of work which did not have to be done?
Barbara C. Johnson
Law Office of Barbara C. Johnson
6 Appletree Lane