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Is this disability discrimination

Discussion in 'Medical Leave & Disability' started by Anne9182, Apr 10, 2015.

  1. Anne9182

    Anne9182 Law Topic Starter New Member

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    If I had a few medical absences due to an injury on the job, covered by dr notes, another "leave" made by the manager, and another, which was a hospitalization, also covered by a dr note, partially caused by trauma from another employee, I suffer from ptsd from a domestic violence relationship which they are aware of and back on November 12 after the domestic incident the said employee was getting verbally abusive and throwing items and then proceeded to throw a salon chair across the room, the manager was informed. In March said employee begin acting that way again and it triggered the ptsd back to the 12th and just my abused past having me have to check into the hospital. is it right for the employer to demote me and cut my full time status of 30 hours down to 10? I've been with the company for over a year. They're saying the reason they're doing this is because I'm unreliable. I cut mens hair at a salon and the injury I had was a torn ligament in my wrist so I had braces and a cast... I've also had money go "missing" twice now and also perscription medication stolen out of my purse.
     
  2. army judge

    army judge Super Moderator

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    Only a court of law, or an administrative hearing officer can determine if you've been the victim of discrimination.
    A private legal forum has no authority or power to assess guilt or blame.
    You are free to pursue the matter with the appropriate regulatory agency on your state, the feds, or hire yourself a personal lawyer.
     
  3. cbg

    cbg Super Moderator

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    It doesn't sound like disability discrimination, no. There may be other options available to you but I'm not seeing disability discrimination. You're not having your hours cut because you're disabled; you're having your hours cut because you've missed too much work. Even if the ADA applies, and we're a very long way from that yet, the employer is not required to accept behavior (and that includes absences) that they would not accept in a non-disabled employee.

    If you have only been with this employer for a bit over a year, then it would appear that most of your absences were not covered by FMLA. If FMLA does not apply, then a doctor's note has as much legal weight as a note from me would.

    EXACTLY how long have you worked for this employer? How many employees at your location?

    And, for that matter, exactly how much time have you missed overall (injuries, PTSD, all reasons combined). It's possible that FMLA might apply going forward.
     
  4. Betty3

    Betty3 Super Moderator

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    Also, how many employees does your employer have within a 75 mile radius of where you work? Thanks.

    Right off, agree that it doesn't seem like any disability discrimination.
     
  5. ElleMD

    ElleMD Well-Known Member

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    If anything has been stolen from you, that is a matter for the police, not your employer.

    It is unclear how much time you have missed and for what reasons. Taking time off because another employee got angry is not protected. Hospitalizations might be if FMLA applies. also, since you only work part time, how many hours have you worked in the past year. Any paid time off does not count as hours worked.
     

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