This is a bit complicated, so I hope I can explain it well. I worked for a company where I was contracted out to another location. At the location, the guy in charge of the contract was very difficult to work with and did not feel that we needed any sort of break during our 8 hour foot-patrol assignment. He also added on a task that was a safety concern and physically impossible for some employees to perform. When another worker asked for assistance because of a health issue, and noted the safety violation, she was fired. After she was fired, I became concerned for my job and reminded my manager of my limitation with the same task (which the company knew about when I was hired), then later sent him an email making an accommodations request. My conditions require me to be able to take short breaks, to be able to eat frequently, and to not reach overhead or do heavy lifting. My request was very simple...flexibility in my patrol and to have the new assignment performed by someone else (which it already was). My manager verbally approved it, but the difficult person was getting worse and I didn't trust my manager to stand by his verbal approval if that guy pushed the issue (after all, they like to keep the client happy). I asked him to email me an approval, and it went to HR. Then, it required a note from my doctor, which I provided...but, the doctor actually made the request more detailed. This got sent back to HR about 2 weeks before we were scheduled to be laid off for the summer.
During this time, my manager had told me that I was lucky because I "got to be off all summer, collecting unemployment". Leading up to the lay-off, I left him several messages stating that I had questions about the summer and when we would be coming back...he never returned my calls. I also never heard from HR about my request for accommodations.
Over the summer, I heard from my company twice...both times with "special assignments" that typically pay about minimum wage, that are about 120-140 miles round trip (I was working at a location about 60 miles round trip) from my home. After paying for gas and food, I would have made nearly nothing...so I turned the first one down and told them I'd be happy to work another location within 30-40 miles of my home(which I knew they had...they had me fill in there before) After I turned it down, they sent me a letter saying that I requested a reduction in hours, and that was a voluntary quit as far as unemployment was concerned...unless I recinded the request. I had to send them a letter back stating I made no such request. The second assignment was turned down because I received it in my email at the last minute for some reason. Now, we are not required to have working email...only working phone. They have 2 phone numbers to reach me at, and did not try to call me. The second assignment I turned down was 7/12. Both times, they tied up my unemployment for weeks. On 7/30, I was sent a letter from the branch office HR...stating that I terminated for violating a 30 day no work rule because I didn't contact them and turned down the assignments they contacted me about. The last day I worked was 5/22, and the termination is effective 5/23. First of all, I don't understand how it can be effective before the rule was violated. Second, if there is such a rule...no employees are aware of it. It's not in our policies, I was not made aware of it, and neither was the other employee I mentioned earlier. Third...they have a progressive discipline policy, and I've never had a warning for ANYTHING!
I feel my termination and their actions leading up to it were a direct result of my request for accommodations. I just received my form to fill out to start the unemployment investigation, and I'm hoping their prior bad acts will work in my favor there. I know they can't fire someone for being disabled, but can they fire you for making a request for accommodations? Do I have to prove that I'm disabled under the ADA to pursue anything here? Do I even have a shred of a case? Anyone have any advice as to how to proceed?
During this time, my manager had told me that I was lucky because I "got to be off all summer, collecting unemployment". Leading up to the lay-off, I left him several messages stating that I had questions about the summer and when we would be coming back...he never returned my calls. I also never heard from HR about my request for accommodations.
Over the summer, I heard from my company twice...both times with "special assignments" that typically pay about minimum wage, that are about 120-140 miles round trip (I was working at a location about 60 miles round trip) from my home. After paying for gas and food, I would have made nearly nothing...so I turned the first one down and told them I'd be happy to work another location within 30-40 miles of my home(which I knew they had...they had me fill in there before) After I turned it down, they sent me a letter saying that I requested a reduction in hours, and that was a voluntary quit as far as unemployment was concerned...unless I recinded the request. I had to send them a letter back stating I made no such request. The second assignment was turned down because I received it in my email at the last minute for some reason. Now, we are not required to have working email...only working phone. They have 2 phone numbers to reach me at, and did not try to call me. The second assignment I turned down was 7/12. Both times, they tied up my unemployment for weeks. On 7/30, I was sent a letter from the branch office HR...stating that I terminated for violating a 30 day no work rule because I didn't contact them and turned down the assignments they contacted me about. The last day I worked was 5/22, and the termination is effective 5/23. First of all, I don't understand how it can be effective before the rule was violated. Second, if there is such a rule...no employees are aware of it. It's not in our policies, I was not made aware of it, and neither was the other employee I mentioned earlier. Third...they have a progressive discipline policy, and I've never had a warning for ANYTHING!
I feel my termination and their actions leading up to it were a direct result of my request for accommodations. I just received my form to fill out to start the unemployment investigation, and I'm hoping their prior bad acts will work in my favor there. I know they can't fire someone for being disabled, but can they fire you for making a request for accommodations? Do I have to prove that I'm disabled under the ADA to pursue anything here? Do I even have a shred of a case? Anyone have any advice as to how to proceed?
