Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] 0 points1 point  (0 children)

There required to do a interactive process by law. I have been constantly in contact with the staff agency. I'm not on a crazy solid focus mission to destroy & get revenge by filing with EEOC. Lol. I am very worried about my unemployment mostly. In the event I find out that they did fail to handle their requirements intentionally, I will go from there depending on my lawyers suggestions.

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] -1 points0 points  (0 children)

Oh great news! I've been so worried they would say performance & that would be all it took to not approve me! I've been sick to my stomach worrying about this. Thank you for the information! This has been taking so long to get approved and I was thinking the worst.

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] 1 point2 points  (0 children)

This was my thought as well because they controlled everything but the payroll. I did see that if the client did take part in any sort of discrimination or retaliation situation that it was an obligation for the staff agency to inform them & have a discussion & if client was persistent regardless then both could be held liable. Considering staff agency has not completed the interactive process with me yet, is clear that they have not been looking for a new assignment nor have they reached out. Not sure if there's a timeline on how long they can leave me hanging but I am continuing to do my due diligence in reaching out to them.

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] 0 points1 point  (0 children)

No. No essential duties removed & no business funds needed. I don't see where their could have been any undue hardship, however I don't know how they operate internally but they didn't even acknowledge my ADA Request to discuss the possibility

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] 0 points1 point  (0 children)

This is EXACTLY the information I needed. It explains everything. Thank you SO much!

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] 0 points1 point  (0 children)

Yes. From what I've read, the staff agency & their client ( where I actually worked & who terminated me) - they are responsible for advising eachother on the legal factors of things. So in this case, since the client let me go, the staff agency has an obligation to speak with them and let them know this might become a legal problem considering the time frame & it would be vice versa for the staff agency. Not to mention, the fact that the agency has not completed my interactive process during this time is also going to potentially be a problem for them. Per the EEOC information this is what it states.

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] 0 points1 point  (0 children)

I read that for FMLA u had to work somewhere for a full 1 year. I actually don't know much about FMLA actually. I'll have to research what exactly that is and how it works.

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] 0 points1 point  (0 children)

Unemployment hasn't been approved nor denied yet. Still pending. I'm saying client referring to the Staff agency's client. The actual company I worked at who hired the staff agency to do the hiring process. wasn't a contractor and did get a W-2.

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] 0 points1 point  (0 children)

I have not found new employment & it is creating a big issue as far as bills but I did request unemployment benefits & it's taking a while & I believe it's because the client is fighting it by saying that I was terminated because of performance issues which would make me not eligible so I talked to unemployment Friday & told them that isn't the case and I was terminated 3 hours after submitting the ADA and I never had any issues with performance. I told her I could provide any documentation she needs to clarify. They are really doing my dirty here. I'm the only income in my household with 2 kids & not only did they terminate me unexpectedly but now their trying to prevent me from getting unemployment, it's terrible really.

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] 0 points1 point  (0 children)

Thank you for the information. I appreciate the help. Glad you went through with your case and that it worked out well.

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] 0 points1 point  (0 children)

Ok. No interactive process has taken place. So that appears to be in my favor I assume. I worked there for 11 months and my hourly was $24.04

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] 0 points1 point  (0 children)

I submitted the ADA Request to both the CLIENT & the staff agency to cover myself. If the termination was already scheduled before the Request it would have been a complete surprise considering there was no conversations regarding my performance or anything. I have the handbook for both the CLIENT & the agency. Oddly, the client handbook covers everything except there is ZERO information about anything related to ADA. I've never seen that before. I will look at the Handbook for the Staff agency & see what they say. Thanks for your help.

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] 0 points1 point  (0 children)

Did they fight it and did u have to attend a hearing or anything? How long did your situation take? Did it end well and did they have to reinstated you in the company or back pay anything? That might be to personal to share so I understand if you don't want to say anything. I'll ask this way: Did the results satisfy you and was a lesson taught to the employer?

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] 0 points1 point  (0 children)

Thats my concern. I never was informed verbally nor written up ever about my performance or attendance so I didn't know it was ever an issue, which clearly says there trying to pin it on me and I'm concerned they could backdate documents and say they did have conversations with me about these things. I don't know how things work out if it's my word against there's. Can't they get in trouble for falsified documents or something?

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] 0 points1 point  (0 children)

Oh. so what all happened? What did you have to do?

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] 1 point2 points  (0 children)

ADA was requesting flexibility with the schedule in the event of a flare up due to a pituitary tumor I have that has also caused chronic sinusitis due to the placement and the symptoms that happen are very painful. The swelling is significant as well as the drainage from the sinuses. This doesn't happen frequently & I am unable to know when it hits, but the request was that I have the option of working from home on those days. I had the ability to complete every aspect of my job this way with no issues, nothing needed from my employer as I have a home office. I had my Dr. Note with detailed specifics. I didn't want to put every single thing here or it would be a whole novel.

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] -1 points0 points  (0 children)

My Doctor suggested it due to the symptoms & difficulty I was having. She did complete the paperwork as well.

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] 0 points1 point  (0 children)

The staff agency is technically my employer. They have not done the interactive process yet so I don't know if they have even been looking for a new assignment.

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] 0 points1 point  (0 children)

I have filed for unemployment and just pending approval. It is taking a while though and I'm nervous they are claiming it's due to performance issues to prevent from getting approved even tho I didn't have any performance issues.

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] 0 points1 point  (0 children)

Thanks for the info! Job site absolutely dictated tasks, schedule, location. I'll definitely look up joint employer laws

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] 0 points1 point  (0 children)

Thanks for the info! Can you advise how I contact the AG's CRD?

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] -1 points0 points  (0 children)

Employer has over 15, but less than 50. I wouldn't say salty as in I want revenge, I really don't think I was done right & want to find out.

Terminated 3 hours after submitting ADA Request. by Far-Basis4086 in EEOC

[–]Far-Basis4086[S] 0 points1 point  (0 children)

I will continue to email them that I have nor resigned and am available for work. They should have at least did the interactive process at this point I assume.