Vindicated
New Member
- Jurisdiction
- California
I work for a large fortune 100 company. Since I started there I have seen some of the most unethical and discriminatory behavior in my life. To start, I am a 29 year old veteran, in 2010 my best friend was killed in a car accident, she meant everything to me and it really traumatized me. Since then I have struggled with anxiety, depression and other medical issues. I take medication prescribed by a doctor. I successfully got my life together in 2015 and haven't looked back, in every job I have had I have been promoted, recognized and exceeded goals/expectations. Once I got hired at the company I am at now, something was off. I could tell from the first day I wasn't liked, later a co worker told me it was because I got hired on at a higher salary than my co workers who had been there longer (this was found to be untrue, I started at the same rate they did when they started). Over the past 8 months I have had multiple incidents I feel cross the line. But for now I want to get advice on this incident alone.
On September 29, 2017 I was told by a co worker (who has bullied and harassed me since I started, and was demoted from manager due to bullying past co workers) that the assistant manager wanted to see me in the Head Managers office, who was on leave at the time. Upon entering I noticed that both the Assistant Manager and another lower manager were seated and awaiting me. I was asked to sit down. The AM told me that they wanted to "talk to you about your health, as we are concerned." I was informed that the co worker who doesn't like me had noticed me "nodding off" at a workshop I attended on Wednesday September 20th 2017. A few other employees at the workshop were having trouble staying awake as the temperature in the room was already warm and we sat for 6 hours listening to various speakers present the new program the company was rolling out. I did have an occurrence where my eyes got heavy and I immediately got up and got a red bull from the fridge to help wake me up. Throughout the day we were given shortened breaks and lunch. Our first break was 10 minutes, and the second was 9 minutes. Our lunch was 40 minutes instead of the usual hour, making it hard to get lunch and return in time. After lunch I drank another red bull and felt awake and alert, however the red bull provided by the company caused me to crash after about 45 minutes, leaving me tired again. I did not fall asleep at any point, but I did have a few moments of my eyes feeling heavy and did everything in my power to stay awake. It is my belief that the co worker told the managers that I was sleeping. So back to the meeting with the managers, here are some of the questions asked and comments made by the managers.
"What medications are you currently taking, and for what"
"Have you considered taking your medications at different times so that you are more alert during the day." (This one really concerned me as a Manger should never consider giving out medical advice, opinions, suggestions or anything related to health. They do not have the proper Licenses or extensive training required to legally give that advice, and by following it, an employee could wind up causing great medical harm to themselves, especially with anxiety medicine that can cause seizures upon cessation, and this would be going against my Medical Doctors advice, who in my case has over 30 years practicing medicine as an M.D. as well as over 12 years of college including Medical School, along with another specialist who has a Masters and extensive medical training and experience in treating anxiety, and other various psychological issues. ) The managers told me they were comin to me "as friends" because they didn't want "(Head manager) to have to make a "business" decision to let me go due to falling asleep in front of customers (has never happened). Do I have an ADA case here?
On September 29, 2017 I was told by a co worker (who has bullied and harassed me since I started, and was demoted from manager due to bullying past co workers) that the assistant manager wanted to see me in the Head Managers office, who was on leave at the time. Upon entering I noticed that both the Assistant Manager and another lower manager were seated and awaiting me. I was asked to sit down. The AM told me that they wanted to "talk to you about your health, as we are concerned." I was informed that the co worker who doesn't like me had noticed me "nodding off" at a workshop I attended on Wednesday September 20th 2017. A few other employees at the workshop were having trouble staying awake as the temperature in the room was already warm and we sat for 6 hours listening to various speakers present the new program the company was rolling out. I did have an occurrence where my eyes got heavy and I immediately got up and got a red bull from the fridge to help wake me up. Throughout the day we were given shortened breaks and lunch. Our first break was 10 minutes, and the second was 9 minutes. Our lunch was 40 minutes instead of the usual hour, making it hard to get lunch and return in time. After lunch I drank another red bull and felt awake and alert, however the red bull provided by the company caused me to crash after about 45 minutes, leaving me tired again. I did not fall asleep at any point, but I did have a few moments of my eyes feeling heavy and did everything in my power to stay awake. It is my belief that the co worker told the managers that I was sleeping. So back to the meeting with the managers, here are some of the questions asked and comments made by the managers.
"What medications are you currently taking, and for what"
"Have you considered taking your medications at different times so that you are more alert during the day." (This one really concerned me as a Manger should never consider giving out medical advice, opinions, suggestions or anything related to health. They do not have the proper Licenses or extensive training required to legally give that advice, and by following it, an employee could wind up causing great medical harm to themselves, especially with anxiety medicine that can cause seizures upon cessation, and this would be going against my Medical Doctors advice, who in my case has over 30 years practicing medicine as an M.D. as well as over 12 years of college including Medical School, along with another specialist who has a Masters and extensive medical training and experience in treating anxiety, and other various psychological issues. ) The managers told me they were comin to me "as friends" because they didn't want "(Head manager) to have to make a "business" decision to let me go due to falling asleep in front of customers (has never happened). Do I have an ADA case here?