Disability discrimination help wanted!

[Alabama]

My story: I was injured on the job in 2003. I had major back surgery - two level lumbar laminectomy. This led to chronic back pain and lifetime sedentary restrictions by worker's comp doctors. Went back to work in 2004 and was accommodated by same employer. Under constant doctor's care since 2003 with many procedures to help with constant pain. Then in March 2009 company suddenly says they will no longer accommodate me and my injured back and sent me home after 30 years on the job with nothing but unemployment compensation. I filed ADA discrimination charges via the EEOC and it's still under investigation (almost 12 months). The company decided in May of 2009 after learning of my EEOC charges to bring me back to work with full restitution. I was given a token position and my normal hourly wage but not my old job back.

Here's my question. Once the EEOC finishes the investigation and if they grant me the right to sue, do I still have grounds to pursue recourse? Me and my family were stressed out for 5 months not knowing what the future held, not to mention almost no income and the embarrassment of being sent home with nothing after 30 years and being hurt on the job.

Your thought and reccomendations will be greatly appreciated!

 

[cbg]

I'm not sure I understand the question. If the EEOC grants you a right to sue letter, then of course you can pursue legal action. That's what the letter is for.

 

[Alabama]

I'm not sure I understand the question. If the EEOC grants you a right to sue letter, then of course you can pursue legal action. That's what the letter is for.

I guess I'm asking this....do the readers of this thread think they would pursue a lawsuit at this point to get a monetary award if the EEOC grants the right to sue? Would it be worth the trouble and hassle?

 

[Patricia_Young]

You really need to discuss your chances with an attorney to whom you would share every detail. Once you get the right to sue letter (and they issue them for nearly everything) you have only 90 days to bring the suit.

 

[theretoo]

The EEOC will sue on your behalf, if they find enough documentation in their investigation to warrant doing so.

If you request a right to sue letter from the EEOC, they will stop their investigation as your request for a right to sue means that you have your own attorney and you intend to pursue the matter in court with your own attorney, without the EEOC.

My suggestions are: DO talk to your own employment law atty for consutlation, anyway, to discuss the matters and what might be right for you in your case. EEOC can and will file suit against the employer on your behalf (and perhaps others if they find any other info through their investigation of similar descrimination against other employees).

At least get a consultation with your own employment law atty. to discuss what may be right for you, but know that the EEOC can and will file suit on your behalf, without you having your atty.

The Right to Sue letter is a letter that you would have to request from the EEOC stating that you want them to stop their investigation and that you will pursue a lawsuit in court with your own atty without EEOC.

 

[cbg]

Not entirely true. While an employee can request a right to sue, and it is true that if they do so the EEOC will stop their investigation, a right to sue is issued in the majority of cases regardless of whether the employee requests one or not. ONLY if the EEOC determines that the case is sufficiently significant so that they are going to pursue it themselves, is one not issued. Receiving a right to sue is the default.

 

[theretoo]

...unless otherwise requested....