Legal Question in Disability Law in Florida

Re: Possible Disability Discrimination

It's possible that you have a discrimination claim, but it's a complex situation. To come under the ADA, you have to be able to do the core elements of your job with or without accommodation. If you can't, then the vacancy is a possibility (at whatever the pay is for that job, even if lower than your original pay), but it is not guaranteed. Many factors come into play.

If you want to hire an attorney to neogtiate for you and help you file a claim if need be, please send me an email with a contact number and we can talk.

But you of course can negotiate with the company yourself (tell them you believe they should have offered the vacancy under the ADA if you are qualified for the job), or can file a claim for free with the EEOC or state commission on human rights, and they will investigate. After that, you can sue in federal court if need be.

There are time limits, so do not delay.

Last, as for keeping you on hold, there comes a point where you are "constructively discharged" if they will not let you work or pay you. (In other words, the result is the same as discharge although you have not officialy been fired.) You are probably there already, but should still try to work something out. Be reasonable and diplomatic and willing to compromise.

If they will not work with you, then you can leave saying you consider yourself to be constructively discharged (do not put anything in writing, except that, if you absolutely must, such as to get earned vacation or sick pay under a policy that requires written notice, and do not say that you quit or resign), and apply for unemployment. Tell unemployment the entire story with medical documents and any other evidence/correspondence you have. Remember to prove everything you say with evidence, if you can, whether you are in front of unemployment, EEOC or a court. Your allegations are usually not enough to prevail. (Even at unemployment where it is usually enough just to tell your story, you need proof for a constructive discharge claim.)

Good luck.

Jeff Sheldon

The Sheldon Law Firm

[email protected]

Caveat: This is general advice only and should not be relied upon as legal advice because all facts and circumstances are not known to the author.