Suspended after FMLA - ADA retaliation?

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SoCalJames

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Private, 'at-will' employer, California.

Last month I had a nervous breakdown at work, was admitted to hospital, and given a working diagnosis of BIPOLAR.

I supplied documentation from my Dr. and received confirmation from my employer I had been placed on FMLA.

After treatment, my Dr. certified me fit to work and suggested 'part-time two days per week' as a needed accommodation for now.

Employer accepted and reinstated me but then immediately suspended me pending 'an investigatation into my conduct'. They told me I was to stay at home during my two part-time days and wait for them to call me so I could help with the investigation.

No time frame given, no information about if it is paid or unpaid, the only information about why is that they have 'various concerns with my conduct' and inappropriate use of my corporate credit card was given as the only example. I have a spotless performance record with positive reviews for the last 7 years and have never been written up or warned for anything.

The inappropriate use of my card (charging something non work related) is something both myself and other employees do on occastion. As long as the charges are paid off (mine were) then there is no issue. I know for a fact other employees do this without any reprimand or conduct investigations. I also know some employees get cash advances on their cards and no reprimand is given unless they do this excessively.

My BIPOLAR symptoms substantially limit my ability to interact with people, so I believe I qualify for ADA protection and I am wondering if I am being treated unfairly. (I am also receiving state disability). Others in the company in positions similar to mine have not been investigated for their conduct of credit card use.

Is my employer going to suspend me indefinately and just wait for me to quit?

Ideas, advice and comments appreciated.
 
No one can tell you what your employer will do. You'll just have to do as instructed.

I can tell you that defending what you did, by saying others did it too, won't fly. That defense will get you fired. That may be what the employer will do anyway.

I'd rethink that answer, if I were you.
 
Agreed. Being on FMLA does not protect your job from actions that would have occurred had you NOT been on FMLA.

And, even if your bipolar disorder met the criteria for ADA accommodations (every case must be looked at on its own), the employer is not required to accept conduct from a disabled employee that they would not accept from a nondisabled employee.
 
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