theretoo
New Member
cbg might want to pay attention here....
here is my case in ca
i endured months and months of disability discrimination/harassment beyond anything anyone should have to endure. here in ca, the dfeh will handle a case for an employee for free, but their system is in place to typically end in some sort of settlement. a brief history of the case includes being denied 2 instances of 30 days each of fmla/cfra, however, i was approved intermittent fmla/cfra for the same illness. denial of fmla is illegal if the employee is a qualified employee under hours and time with emplyer. i am more than qualified. cfra denied, just no excuse for that, again time with employer is sufficient and in ca, medical diagnosis is not required, just a physician statement stating that a serious health condition exists. between the 2, i have 4 employer documented state and fed violations right there.
sup and manager wrote me up and threatened my job also 4 times for 'attendance' for using approved intermittent fmla/cfra times, repeatedly harrassed my management for 'not doing my job' the days i was out on fmla/cfra that were approved, again employer documented state and fed violations for interferance and obvioulsy negative employment action for using approved fmla/cfra. fmla cannot be used against an employee for attendance or any other 'loss of benefits', etc.
under both ada and ca state disability laws, i do have a bonofide, documented disabiilty. my employer's response....we don't work with doctor's.
denial of fmla/cfra also equates to denial of 'reasonable accomodation' for a disablity. in ca, it is the employer's responsibility to ask the questions and to accomodate the employee. my former employer is too busy acting like a spoiled 2 year old, 'we can do whatever we want to', wah, wah, wah....
long story short, they were kind enough to document their discriminitory practices against me for 7 months. due to their continuous illegal activities, i offered my resignation to the company, however, i told them that the exact date might change. i subsequently went out on fmla/cfra a couple of days later and i was diagnosed with post traumatic stree disorder due ot their continued abuse/harassment. they denied the fmla i went out on and packed up all of my personal belongings in the workplace and shipped them to my home along with final paychecks. now we have just added constructive discharge as employer refused to talk to me at anytime after i went out on medical/disability leave.
the slow wheels of the ca dfeh has it now 4 months post my filing and their acceptance of the case with dfeh and last i heard, they will be subpoening directors, employment books, policies, etc. for statement to the state. all this time, everything they documented for me is in the hands of the state. so even up to this point, the case is a slam dunk in my favor and i am still unemployed looking for work. my disability time frame ended in may and since they issued final paychecks, etc. they are now liable for not allowing my return to the workplace from disability/fmla/cfra.
so as i continue to look for work and let the state process run it's course....i do what most folks have done at one time or another, i googled my name to see what comes up. well, by george...guess what i found....on the website ripoff report, i find a slanderous posting, most likely by my former manager or at least someone within the company, obviously, that would have access to my medical records on file with my employer along with my full name, home address, and there it is plain as day, about 2 weeks after the state served the employer with notice of their intent to investigate...a defamatory posting with my name, home address, denial of me being 'disabled' and claiming i was ripping off the state of ca by 'claiming' disability. ok, so now they just added failure to protect my privacy as an employee, ca medical information disclosure, etc. i have asked the state to subpoena the website to request the identity of the author, which can be done.
my disability has already been thoroughly documented for years. now that all of this has happened, they have now forced my hand. :no: they want to play hardball, let's go. truly, there is no excuse for procreation in some instances.
here is my case in ca
i endured months and months of disability discrimination/harassment beyond anything anyone should have to endure. here in ca, the dfeh will handle a case for an employee for free, but their system is in place to typically end in some sort of settlement. a brief history of the case includes being denied 2 instances of 30 days each of fmla/cfra, however, i was approved intermittent fmla/cfra for the same illness. denial of fmla is illegal if the employee is a qualified employee under hours and time with emplyer. i am more than qualified. cfra denied, just no excuse for that, again time with employer is sufficient and in ca, medical diagnosis is not required, just a physician statement stating that a serious health condition exists. between the 2, i have 4 employer documented state and fed violations right there.
sup and manager wrote me up and threatened my job also 4 times for 'attendance' for using approved intermittent fmla/cfra times, repeatedly harrassed my management for 'not doing my job' the days i was out on fmla/cfra that were approved, again employer documented state and fed violations for interferance and obvioulsy negative employment action for using approved fmla/cfra. fmla cannot be used against an employee for attendance or any other 'loss of benefits', etc.
under both ada and ca state disability laws, i do have a bonofide, documented disabiilty. my employer's response....we don't work with doctor's.
denial of fmla/cfra also equates to denial of 'reasonable accomodation' for a disablity. in ca, it is the employer's responsibility to ask the questions and to accomodate the employee. my former employer is too busy acting like a spoiled 2 year old, 'we can do whatever we want to', wah, wah, wah....
long story short, they were kind enough to document their discriminitory practices against me for 7 months. due to their continuous illegal activities, i offered my resignation to the company, however, i told them that the exact date might change. i subsequently went out on fmla/cfra a couple of days later and i was diagnosed with post traumatic stree disorder due ot their continued abuse/harassment. they denied the fmla i went out on and packed up all of my personal belongings in the workplace and shipped them to my home along with final paychecks. now we have just added constructive discharge as employer refused to talk to me at anytime after i went out on medical/disability leave.
the slow wheels of the ca dfeh has it now 4 months post my filing and their acceptance of the case with dfeh and last i heard, they will be subpoening directors, employment books, policies, etc. for statement to the state. all this time, everything they documented for me is in the hands of the state. so even up to this point, the case is a slam dunk in my favor and i am still unemployed looking for work. my disability time frame ended in may and since they issued final paychecks, etc. they are now liable for not allowing my return to the workplace from disability/fmla/cfra.
so as i continue to look for work and let the state process run it's course....i do what most folks have done at one time or another, i googled my name to see what comes up. well, by george...guess what i found....on the website ripoff report, i find a slanderous posting, most likely by my former manager or at least someone within the company, obviously, that would have access to my medical records on file with my employer along with my full name, home address, and there it is plain as day, about 2 weeks after the state served the employer with notice of their intent to investigate...a defamatory posting with my name, home address, denial of me being 'disabled' and claiming i was ripping off the state of ca by 'claiming' disability. ok, so now they just added failure to protect my privacy as an employee, ca medical information disclosure, etc. i have asked the state to subpoena the website to request the identity of the author, which can be done.
my disability has already been thoroughly documented for years. now that all of this has happened, they have now forced my hand. :no: they want to play hardball, let's go. truly, there is no excuse for procreation in some instances.
guess corporate wants to go high profile with this, ya' think....