I tried to post this on the discrimination board, but I keep getting the "page cannot be found" error...so, sorry if it should be there instead.
I requested accommodations through my employer, and a few months later, I got a letter from my branch HR terminating my employment for violating a 30-day no work policy (I turned down 2 assignments while laid off for the summer because they were way too far away). This is a policy no employee is aware of, and I have no warnings for anything on my record. They have a progressive discipline policy.
I spoke to corporate HR today, and they stated that I was not terminated, but it was considered a voluntary resignation. They received the same letter that I got, which clearly states I was terminated. They stated this policy is not given to the employees, but is an administrative rule. There have been other employees in violation of this rule that have not been terminated...one supposedly had no work available, and the excuse for the other one was that hers was before a recent crack-down on the rule.
They also claim that HR called me twice about the accommodations request, but got no response. There was no call from them...they were not on my caller ID, and they didn't leave a message. They claim that they had no problem with my request, but I never got anything stating that.
A couple things that are very important: One employee was fired after asking for assistance with a job she could not do without being a potential OSHA violation. Another employee (who would definitely qualify under ADA, but is afraid it will jeopardize her job) has had problems because of a health concern and her manager told her if her health is causing her problems, she needs to find another job.
What I want to know is who has the burden of proof in an ADA discrimination case? If I suspect I was fired over the accommodation request, do I have to prove that I was entitled to the accommodations or just that it was because of the request? Do I even have a case here? The issue is pending with unemployment now, but I want to sue if I have a case.
Thanks,
Candi
I requested accommodations through my employer, and a few months later, I got a letter from my branch HR terminating my employment for violating a 30-day no work policy (I turned down 2 assignments while laid off for the summer because they were way too far away). This is a policy no employee is aware of, and I have no warnings for anything on my record. They have a progressive discipline policy.
I spoke to corporate HR today, and they stated that I was not terminated, but it was considered a voluntary resignation. They received the same letter that I got, which clearly states I was terminated. They stated this policy is not given to the employees, but is an administrative rule. There have been other employees in violation of this rule that have not been terminated...one supposedly had no work available, and the excuse for the other one was that hers was before a recent crack-down on the rule.
They also claim that HR called me twice about the accommodations request, but got no response. There was no call from them...they were not on my caller ID, and they didn't leave a message. They claim that they had no problem with my request, but I never got anything stating that.
A couple things that are very important: One employee was fired after asking for assistance with a job she could not do without being a potential OSHA violation. Another employee (who would definitely qualify under ADA, but is afraid it will jeopardize her job) has had problems because of a health concern and her manager told her if her health is causing her problems, she needs to find another job.
What I want to know is who has the burden of proof in an ADA discrimination case? If I suspect I was fired over the accommodation request, do I have to prove that I was entitled to the accommodations or just that it was because of the request? Do I even have a case here? The issue is pending with unemployment now, but I want to sue if I have a case.
Thanks,
Candi
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