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fmla/civil rights/affirmative action, New Jersey

Posted on : 24-11-2009 | By : Legal Information | In : Civil Rights, Disability Discrimination, Discrimination, Employee Rights

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i have worked for nj tiomunicipality 10 years for about 3 years i have been onset with breathing problems that now have been diagnosed as asthma,.i have been terminated , their reasoning is that per our handbook , i abused my sick time i called each day out sick ran out of sick time ,after a discussion with superintendent i did not have to continue calling till i see a doctor,i returned with a note now they say they meant the rest of that week i did not have to call is this legal i found out later by the union they did not offer family medical leave or disability i feel this is discrimination, do i have a case the union feels it was a misunderstanding and they have to take me back

Handicap ramp in an association

Posted on : 19-11-2009 | By : Legal Information | In : Disability Discrimination

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I have a 100% disabled veteran who wants to buy a unit in a patio home developement. She needs a ramp to access the unit. The HOA says she can not build a ramp because of the HOA rules. Does the Disabilities Act cover this? Irene

Employment discrimination, I am a disabled vet

Posted on : 06-11-2009 | By : Legal Information | In : Civil Rights, Disability Discrimination, Discrimination, Employee Rights

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I am a disabled vet. I have been working for my current employer for four years. I was hired on vet preference points. Lately, I have been a victim of hostile work environment and discrimination due to a disability. At first I thought it was just me but it keeps getting worse. About 8 months ago I talked to a rehab counselor about alternate employment. Two weeks ago, out of the blue, I got a letter from him saying I was unemployable. I am not even 40 years old and hold a masters degree. Also, the local EEOC rep refuses to acknowledge an issue or help file a complaint, even with documented information and supporting law. If I am considering legal action, what should I do or not do and is there anything in particular that would help prove my side? Thank you.

Recent Vison Disability effecting work, Chicago Illinois

Posted on : 28-10-2009 | By : Legal Information | In : Disability Discrimination, Employee Rights

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Recently one of my employee’s lost vision in one eye and is getting it cared for. The vision will come back in his eye over the next few weeks (we hope), but in the meantime he is doing a great job fulfilling his duties. He still works about nine hours a day. However, over the last few days it has been reported to me that he is “showing an attitude” when work requests are coming in after 5pm. He is trying to fulfill them and his reported attitude is he is trying to find out information as to when he can fulfill orders after our posted closing time so he can get home and rest his eye since it is still painful. If he continues to get undue stress from sales staff to stop “bugging” other staff members to get complete information (which is beyond his job duties), would this be considered harassment or some sort handicap issue. Could he come back with something against the company?

Chicago Illinois

Right of wrongfully terminated employee in an at will state.

Posted on : 30-03-2009 | By : Legal Information | In : Age Discrimination, Civil Rights, Disability Discrimination, Discrimination, Discrimination, Employee Rights, Other Legal Topics, Wrongful Termination

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After 171/2 years of employment, my immediate supervisor, who has always felt threatened by me and has been jealous of me, set me up for termination. None of the reasons stated were in violation of any policies and procedures stated in our employee handbook. Furthermore, my former employer didn’t follow policy and procedure by not giving me a verbal warning before proceeding with disciplinary action. It even came out during the action that my supervisor took action only because she got mad at me over something that was completely misunderstood. I am over 50, female and have had a couple of minor health issues that have been completely resolved. Frankly, I think that my employer went along with this because they wanted to get rid of a long term employee to replace with a less expensive one.
What do I do?

New York Workmans Compensation: Rights of worker in returning to their current job position. Sort term dissability.

Posted on : 10-11-2008 | By : Legal Information | In : Business Law, Civil Rights, Disability Discrimination, Discrimination, Employee Rights, Other Legal Topics

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What are my rights in returning to my job(position)after a three and a half month disability?

Thank You

Disability Discrimination and the HOA

Posted on : 01-11-2008 | By : Legal Information | In : Civil Rights, Disability Discrimination, Other Legal Topics

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My brother (a long time police officer) suffered a massive stroke on December 8, 2002. He was left paralyzed, wheelchair bound, and aphasiac (can’t form sentences or communicate). I take care of my brother and have done so for the last 6 years. Three years ago, I was able to get him an electric wheelchair. Due to the size of my car, I had to purchase a wheelchair carrier that tows behind my car. I could not get one that attached directly to the car. For the past three years, our home owners association (HOA) has been harassing us requiring us to remove the wheelchair carrier from the property. They began fining me until I got HUD involved. The TWC (a portion of HUD here in Texas) was in charge of the Fair Housing practices. They put an agreement together and this was in effect for 4 months. The HOA began sending letters again and disregarded our agreement. I complained and was told that I was in violation of the agreement too (but they waited until the date when I would be in violation to make a statement-timing is everything). I finally gave in and put my brother’s wheelchair carrier in the backyard (out of view) which required me to pay three young men to move it for me. It has not moved in 5 months. My brother has no use of the carrier and has not been able to use his electric wheelchair outside of the home.

Can you give me any advice on what to do to take care of this issue? Does the HOA fall under the Fair Housing Act or the ADA? If so, how is my brother’s wheelchair carrier viewed? Is it a service, a “goods”, is my driveway a public facility? I need to keep the wheelchair carrier on the driveway for ease of use. Having it in the backyard is too difficult and the HOA refuses to make reasonable accommodation.

Adrian Gonzalez

workman’s comp

Posted on : 26-08-2008 | By : Legal Information | In : Disability Discrimination, Discrimination, Employee Rights, Other Legal Topics, Personal Injury, Workers Compensation

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If the Dr. released me to work on light duty and my company says they have nothing for me to do, and not scheduling me so i have no income as of 2 weeks ago what am I able to do? does work still have to pay me for the hours i usually worked or am I pretty much going to have to suffering

employee discrimination due to handicap in maryland

Posted on : 10-06-2008 | By : Legal Information | In : Disability Discrimination, Discrimination, Employee Rights, Other Legal Topics

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Is it illegal to discriminate against an employee if they are handicapped in Maryland?

Pizza shop and hiring a person in a wheelchair

Posted on : 27-02-2008 | By : Legal Information | In : Disability Discrimination, Discrimination, Employee Rights

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I own a small pizza shop in southern Illinois. Recently I had a person apply for a job as a waiter at my restaurant. He is in a wheelchair. He seems like a nice enough fellow, but I am worried that he can’t carry out his duties. I’m scared not to hire him due to the American With Disabilities Act. What should I do?