tyraiskitty
New Member
I am seeking legal counsel to assist me in filing a discrimination claim. Every lawyer I speak to has recommended me file with EEOC before hiring and attorney. I informed my supervisor a month after hiring that I had a medical disability which caused a low immune system and significant health concerns. I verbally requested an accommodation in attendance policy my first year to recuperate after a related illness and attend medical appointments. I was not eligible for FMLA leave at the time yet my supervisor acknowledged my disability, and told me at that time to leave and take care of myself. He explained to me that I would be put on disciplinary step yet would not be terminated until after three occurrences of being absent at least three days. He also began to grant me longer health breaks when I came in to work ill. I was told I was terminated because of missing 4 days of work between Oct 2008-April 2009 in Jan 2010 after the company released a policy to fire employees if missed at least 4 days of work between Oct 2008-Oct 2009. According to my union president, my supervisor had been aware of my illnesses and acknowledge my disability, he failed to access my individual case when the company enacted this policy, even though he stated that he would due to my disability. I was not on any disciplinary steps for performance or attendance at the time I was terminated, yet the company at first insisted that I had been. After Human Resources investigated and found out that the union was correct about me have no disciplinary steps, they changed the reason to my missing of the four days over a year ago. Currently there are 4 + workers in a similar situation as mine and are still employed (meaning they also missed at least for days yet does not have a disability that would require time off in the future). And one other worker that was job completed same day but unlike me were currently on steps of discipline. Since, April of 2010 my absences had all been approved under the FMLA guidelines after I requested reasonable accommodation due to my medical disability of cancer and immunodeficiency. My doctors filed paperwork recommending me time off each month to attend doctor's appointments and recuperate after treatment. Prior to being job completed my entire office witnessed our District Manger address our attendance issue in the office. He stated that he had suffered backlash for FMLA approved absences because they take so long to process and come off his report. During a Q and A with one of the customer service reps, she asked about my situation and working while diagnosed with cancer. He stated, that he would get those employees out of his office that did not come to work and who used FMLA regularly, as well if we had something like cancer, that it would be in our best interest to go on disability leave because, FMLA leave effects his performance scores whereas short and long term disability did not. He advised that FMLA takes a long time to be processed. Also prior to being terminated my supervisor came and ask me if I would still be periodically taking FMLA leave or if my condition had stabilized. I informed him it had not, therefore I and my local union can prove I was fired because of my used of FMLA leave, me having a disability and my need for more accommodation in the future. I do have access to witness affidavits, the email between union and company on termination policy, email correspondence between union and supervisor stating I was not on any disciplinary steps, attendance and performance records, and medical records. My disability affects my ability to eat and sleep as well as my digestive, bowel and bladder functions. I have abnormally low immune system with a white blood cell count under 200. This has left me susceptible to a number of illnesses like pneumonia. So my question is : Do I have a legitimate case to file with EEOC and if so is is strong enough to allow me to sue the company.
