Disability discrimination and pretext for termination
Looking for advice on a disability discrimination complaint/wrongful termination. As a senior manager, i worked for a large consulting firm in CA (significant federal contracting). I have a long history of back problems and probably "qualified" under ADA. I was layed off less than 2 weeks after I told my VP I couldn't continue working due to chronic pain. VP acted wiered in that he totally ignored my complaints and had me finish a critical assignment, after which I took three days off. Reason for termination was given as a RIF, despite recent reassurances job was safe. Also told company had looked for other openings to place me. I immediately filed a workers comp claim that pre-dated my offical last day. Its already been approved by firm's insurance carrier. Been on disability 3 months. Prior to filing complant with FEHA & OFCCP planned on asking corporate EEO Officer to do an internal investigation. With firm 13 months. Other than disabilty and reasonable accomadation requests I was a solid contributer with no complaints. Recieved company awards, etc. The whole process smells bad, but there's a good chance there was no mixed motivation. What should I do? Thanks.
2 answers | asked Aug 23, 2003 11:33 AM [EST] | applies to California
Answers (2)
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You should avoid federal court and proceed based on state law protections. Eg, FEHA rather than ADA, CFRA rather than FMLA. You can check out the law I cited in my previous response at www.findlaw.com. I urge you to consult an attorney as soon as possible taking with you a 1-2 page timeline starting with the last adverse employment action (RIF?) and working backwards. A key RIF case in California is Ewing v. Gill Industries, Inc., (1992) 3 Cal.App.4th 601, 4 Cal.Rptr.2d 640. You could also use www.findlaw.com to track down this case. See http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/3/601.html
posted by Joan Herrington | Aug 25, 2003 1:56 PM [EST]
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I cannot give advice without knowing more about the timeline and the scope of the RIF. However, if you were given assurances of job security just prior to requesting leave/accommodation, then Employer may well have violated Labor Code 132(a) (discrimination for filing Worker's compensation claim; Gov Code 12940(a)(discrimination), (k)(failure to take steps to prevent discrimination), (m) (failure to reasonably accommodate disability) & (n) (failure to engage in interactive consultation) and Gov. Code 12945.2(l) (retaliation for applying for medical leave).
posted by Joan Herrington | Aug 25, 2003 1:48 PM [EST]
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