Thanks Branigan, it is unsettling on how in Ohio it is hard to find the codes on disability, maybe they don't want to arm the masses on of disability discrimination laws. You break it down to where it is easy to overstand how your rights are being abused. Thanks again, you been a wonderful and marvelous help to the peoples, as I overstand the ADA and ADAAA is uniformed across the UNITED STATES.
I asked for ADA leave as a accommodation. I’m a stage 4 breast cancer patient currently in chemotherapy. I also exhausted my fmla. My employer said if I’m not back at work before my short term disability expires l will be terminated because a extended leave will cause the company a undue hardship. 🤷🏿♀️
My employer is refusing to accommodate my disability. I have told them many times I have a disability, but they're telling HR they didn't know. I have evidence to prove they're lying. But here's the issue. They won't accommodate my disability because doing so, will prove that they're also retaliating against me, after participating in a workplace investigation. I was cleared and told I would continue to work. But here I am 2 months later and they won't give me hours.
Thanks for you videos, they are informative and assist with the ability to present your "ask" to your employer or gather information to assist an attorney.
What if we fight about reasonable accommodation? My manager tried to prove she was already doing for what I was asking for. I needed additional notes about projects because I process writing better than verbal discussions.
I was fired the day my doctor put me on disability. I had been working with my doctor to coordinate my care. I informed my boss as well as upper level mgmt. It's a long story. They said it was due to absences, which were related to my medical issue. (Mental Health reasons). My HR dept asked me to come to main office to discuss my attendance. I had a Dr. Appt earlier that day.when I went in to discuss the letter my Dr gave me, which included accommodation request of modified duties and schedule. HR manager said well it doesn't matter because your fired. What can I do?
Get a consultation with a lawyer in your state. During the consultation the lawyer will determine if you have a case that is worth pursuing. If you're in CA, call us at 949-667-3025.
@@braniganrobertsonlaw What if a company doesn’t want to give you a accommodation. Instead, put you on a short term disability but you have a doctor note stating you can continue regular work. Just not the work that isn’t on the job description? Thank you sir
Do you have any videos about reasonable accommodation in regards to childcare? My specific case is them mandating Saturday’s post-hire which are the days my childcare is not open. We (both parents) work full-time. I’ve explained that I’m fine with working Saturdays (even every single Saturday) but that telling me on Thursday ~5pm isn’t enough of a notice as I don’t have a regular sitter or live near any family. To clarify the company doesn’t work Saturdays but if the need comes up they all of a sudden mandate it though it’s only ever a 36 hour notice at best. (Of course that doesn’t include the federally regulated rest periods I am required to have between shifts (10 hours) or the 8-12 shift I’d be working that Friday before.
Hi Branigan- I have a general question. If an employee makes multiple requests for an accommodation that are denied three times within a few months, say, and they file a charge of discrimination on that basis with the EEOC, would that be multiple charges, or only a single charge? And corresponding multiples of damages as well? ie. If the company has more than 501 employees, the complainant would be entitled to damages up to 300,000 x3, or would it generally only be 1x for all charges?
How does this apply for parents of disabled children, work changed my schedule by 30min. So now i cant pick up my son from school, i asked for reasonable accomodation and they kinda blue me off, went to the union they just said my boss said no. What can i do?
I was just wondering what if you didn't know you needed an accommodation because it was the first time you had a mental trigger and then you began to have a mental breakdown because of the working conditions.
Love the videos man, thank you for your wisdom. I've heard you say that unless you're fired, you can't really get lost wages. What if you could show that the retaliation has been so bad that you need to quit, and you're afraid of more obvious retaliation after the suite? With clear proof that you were discriminated against after ttying to get an accomidation?
The term you are looking for is "constructive discharge." Constructive discharge cases are very very difficult to win in front of a jury. But I've taken cases like that in the past and will probably do so in the future. But it will have to be an extremely good case.
Because of COVID, all actively immune school workers who did not divulge their vaccine status are considered immunocompromised and are therefore “regarded as” impaired or disabled. I demand to not be regarded as disabled nor a direct threat without the employer bearing the burden of proof!
I'm in California at the Navy exchange. I've been working there for a year now and since the first day of my job I have expressed that I have anxiety and take medication. Sometimes I'm in a mood and sometimes I just need to be left alone. My managers force everyone to work together. It's annoying. I'm sorry but I would rather go work on my own and not be up everyone's ass. I've recently had a few panic attacks and I've walked away from my job and tried calming myself down and it's getting worse. I don't see the problem in me or everyone else for that matter being put somewhere there isn't a lot of people in. It's frustrating being in isles with 4 employees and 3 customers. I can't do it. My reginal manager is acting like a real petty bitch and saying sly things like I don't want to rush you or make you feel rushed.. your mental health is important to us. I'm just like, yeah.. please stop with the fake caring crap. With covid and mask mandates they force us to be around everyone instead of being separated. It's just ... difficult.. anyways, how do I ask for space and not so many people talking to me at one time? Is it bad to want direction and the urge to need a schedule or told whT to do? There is no structure and I'm going crazy .
@@1987MsNicole I know talking to hr because their still part of the company. I would talk to your doctor. At least later down the road you have medical proof showing your job caused you stress.
So if I have a disability and it worsens while employed and want to take a leave and are unable to perform job function I am fired ? If I have other medical conditions
Can I sue my employer if I have an adverse effect from the vaccine? How can I hold the employer accountable if after I get vaccinated and I contract the virus, how can I sue them for the failed protection? Under OSHA rules if my employer fails to protect me because the PPE that was provided against Asbestos fails you can use your employer. How is this rule any differant?
First of all, if you have a serious adverse reaction to the vaccine (which is incredibly unlikely), your claim would be against the manufacturer of the vaccine, not your employer. Second, even after you get the vaccine, you can still wear PPE in the office (to stay extra protected). Third, I'm sure you could sue the employer, but I doubt a claim like that will stick. But we are in uncharted territory here so it will be interesting to see how the law develops.
@@braniganrobertsonlaw hello, that’s a very good question. I also have one somewhat related to this. I’ve been on leave from work under ADA. My leave began March 2019 to March 2020 (a little over 11 months). I returned to work part time in March 2020, then after 2 weeks released to full time. It was too much and took another leave under ADA (same condition) starting mid May 2020 to present. My doctor extended leave till April 2021, but now my employer doesn’t want to accommodate me. What are my options?
Best Employment Law channel on the Internet.
Just hearing this puts tears to my eyes. Everything you said about disability discrimination is what I’m going through. 😢
Thanks Branigan, it is unsettling on how in Ohio it is hard to find the codes on disability, maybe they don't want to arm the masses on of disability discrimination laws. You break it down to where it is easy to overstand how your rights are being abused. Thanks again, you been a wonderful and marvelous help to the peoples, as I overstand the ADA and ADAAA is uniformed across the UNITED STATES.
What if the company tells you to go out on disability rather than accommodating your work restrictions ?
I asked for ADA leave as a accommodation. I’m a stage 4 breast cancer patient currently in chemotherapy. I also exhausted my fmla. My employer said if I’m not back at work before my short term disability expires l will be terminated because a extended leave will cause the company a undue hardship. 🤷🏿♀️
I just got approved for SSDI. I also bought LTD insurance. That will be offset with my SSDI payments. It pays to read group policies from employers!
My employer is refusing to accommodate my disability. I have told them many times I have a disability, but they're telling HR they didn't know. I have evidence to prove they're lying.
But here's the issue. They won't accommodate my disability because doing so, will prove that they're also retaliating against me, after participating in a workplace investigation. I was cleared and told I would continue to work. But here I am 2 months later and they won't give me hours.
Your situation is somewhat similar to what the hell I’m going through. Literally stressing out bad
Thanks for you videos, they are informative and assist with the ability to present your "ask" to your employer or gather information to assist an attorney.
They ask this question on application for employment. So yes or no?
What if we fight about reasonable accommodation? My manager tried to prove she was already doing for what I was asking for. I needed additional notes about projects because I process writing better than verbal discussions.
What is your number for sensitive questions?
I was fired the day my doctor put me on disability. I had been working with my doctor to coordinate my care. I informed my boss as well as upper level mgmt. It's a long story. They said it was due to absences, which were related to my medical issue. (Mental Health reasons). My HR dept asked me to come to main office to discuss my attendance. I had a Dr. Appt earlier that day.when I went in to discuss the letter my Dr gave me, which included accommodation request of modified duties and schedule. HR manager said well it doesn't matter because your fired.
What can I do?
Get a consultation with a lawyer in your state. During the consultation the lawyer will determine if you have a case that is worth pursuing. If you're in CA, call us at 949-667-3025.
I’m so sorry this happened
@@braniganrobertsonlaw What if a company doesn’t want to give you a accommodation. Instead, put you on a short term disability but you have a doctor note stating you can continue regular work. Just not the work that isn’t on the job description?
Thank you sir
Do you have any videos about reasonable accommodation in regards to childcare?
My specific case is them mandating Saturday’s post-hire which are the days my childcare is not open. We (both parents) work full-time.
I’ve explained that I’m fine with working Saturdays (even every single Saturday) but that telling me on Thursday ~5pm isn’t enough of a notice as I don’t have a regular sitter or live near any family.
To clarify the company doesn’t work Saturdays but if the need comes up they all of a sudden mandate it though it’s only ever a 36 hour notice at best. (Of course that doesn’t include the federally regulated rest periods I am required to have between shifts (10 hours) or the 8-12 shift I’d be working that Friday before.
How much time does an employer have to provide the reasonable accommodation?
Exactly! Good question. I need the answer to that as well.
Hi Branigan-
I have a general question. If an employee makes multiple requests for an accommodation that are denied three times within a few months, say, and they file a charge of discrimination on that basis with the EEOC, would that be multiple charges, or only a single charge? And corresponding multiples of damages as well? ie. If the company has more than 501 employees, the complainant would be entitled to damages up to 300,000 x3, or would it generally only be 1x for all charges?
What ended up happening in your situation if I may ask? Sounds like something I’m going through
How does this apply for parents of disabled children, work changed my schedule by 30min. So now i cant pick up my son from school, i asked for reasonable accomodation and they kinda blue me off, went to the union they just said my boss said no. What can i do?
I was just wondering what if you didn't know you needed an accommodation because it was the first time you had a mental trigger and then you began to have a mental breakdown because of the working conditions.
Love the videos man, thank you for your wisdom.
I've heard you say that unless you're fired, you can't really get lost wages. What if you could show that the retaliation has been so bad that you need to quit, and you're afraid of more obvious retaliation after the suite? With clear proof that you were discriminated against after ttying to get an accomidation?
The term you are looking for is "constructive discharge." Constructive discharge cases are very very difficult to win in front of a jury. But I've taken cases like that in the past and will probably do so in the future. But it will have to be an extremely good case.
Because of COVID, all actively immune school workers who did not divulge their vaccine status are considered immunocompromised and are therefore “regarded as” impaired or disabled. I demand to not be regarded as disabled nor a direct threat without the employer bearing the burden of proof!
Does this apply if under 5 employees?
New on there's to learn more a about, the kaw as well always want to be a keeper
Gavie me more information on its, how to be a,large as well
I'm in California. Is depression a disability? A co-worker says it is, but I think that's stretching it. Thank you for the videos.
It can be. Depends on the situation.
I found out that if you have been diagnosed as clinically depressed, it is considered a disability.
I'm in California at the Navy exchange. I've been working there for a year now and since the first day of my job I have expressed that I have anxiety and take medication. Sometimes I'm in a mood and sometimes I just need to be left alone. My managers force everyone to work together. It's annoying. I'm sorry but I would rather go work on my own and not be up everyone's ass. I've recently had a few panic attacks and I've walked away from my job and tried calming myself down and it's getting worse. I don't see the problem in me or everyone else for that matter being put somewhere there isn't a lot of people in. It's frustrating being in isles with 4 employees and 3 customers. I can't do it. My reginal manager is acting like a real petty bitch and saying sly things like I don't want to rush you or make you feel rushed.. your mental health is important to us. I'm just like, yeah.. please stop with the fake caring crap. With covid and mask mandates they force us to be around everyone instead of being separated. It's just ... difficult.. anyways, how do I ask for space and not so many people talking to me at one time? Is it bad to want direction and the urge to need a schedule or told whT to do? There is no structure and I'm going crazy .
@@1987MsNicole I know talking to hr because their still part of the company. I would talk to your doctor. At least later down the road you have medical proof showing your job caused you stress.
Attuned for hir
This is excellent.
So if I have a disability and it worsens while employed and want to take a leave and are unable to perform job function I am fired ?
If I have other medical conditions
What’s going on with you now
Can I sue my employer if I have an adverse effect from the vaccine? How can I hold the employer accountable if after I get vaccinated and I contract the virus, how can I sue them for the failed protection? Under OSHA rules if my employer fails to protect me because the PPE that was provided against Asbestos fails you can use your employer. How is this rule any differant?
First of all, if you have a serious adverse reaction to the vaccine (which is incredibly unlikely), your claim would be against the manufacturer of the vaccine, not your employer. Second, even after you get the vaccine, you can still wear PPE in the office (to stay extra protected). Third, I'm sure you could sue the employer, but I doubt a claim like that will stick. But we are in uncharted territory here so it will be interesting to see how the law develops.
Thank you, easy to understand and very informative video. Wish I hired you instead of my attorney.
Uzebkistan, Thank You.
Can a reasonable accommodation come to and end?
Yes.
@@braniganrobertsonlaw hello, that’s a very good question. I also have one somewhat related to this. I’ve been on leave from work under ADA. My leave began March 2019 to March 2020 (a little over 11 months). I returned to work part time in March 2020, then after 2 weeks released to full time. It was too much and took another leave under ADA (same condition) starting mid May 2020 to present. My doctor extended leave till April 2021, but now my employer doesn’t want to accommodate me. What are my options?
@@dollpartz4u Any update?
I hate how it's called FEHA. Sounds so stupid.