Filing a lawsuit against my former employer?

Question

I am heavily considering filing a federal and/or state lawsuit against my former employer for egregious civil and work-related violations as guaranteed under the Americans with Disabilities Act (ADA). I disclosed my documented disability at the time I was hired (a mental illness), and later elaborated on it. However, they let me go and cited one of their primary reasons for doing so as my "boundary issues" with staff and members (in short, I have spatial boundary issues, but they called them "professional boundaries").

How do I go about filing a federal or even state lawsuit againt my former employer, how successful are these lawsuits generally and what is the maxium punitive damages I can be awarded under federal or state law(s)?

If I could sue that company into the ground I absolutely would, but there are probably set limits as to how much I can sue for, even if the discrimination was egregious in nature.

Paul

Answer 1

Paul, is this a medical diagnosis? if so from what little you have said I would think it worth investigating further. EEOC IS THE PLACE TO START. They will investigate, be sure to provide all documentation you have including your application, additional follow up information, Doctor's statements, how the workplace environment impacted you times and dates of when you discussed this with your supervision and management. The more information you can provide the EEOC the better they can evaluate your case and better. Are you under treatment, how has prognosis changed, give them authority to review your medical records all that. Once They complete assessment and (assuming that investigate) and even if they do not find in your favor, you can still take civil action, no matter the outcome of the actions with EEOC. You will find them in the government section of the Phone book. Forget all that lawyer crap until EEOC does their thing.

Answer 2

Call an attorney specializing in workplace related discrimination. You may have to file an EEOC complaint before you proceed and the time lines can be tight on that. Under ADA they do have to make reasonable accommodation for disabilities, but they do not have to accommodate beyond what is reasonable. For instance, if you were paralyzed but wanted to drive a truck, they would have to make an unreasonable amount of accommodation for you, so it would be ok not to hire you, or to fire you from truck driving.

As to damages, don't expect too much. Juries don't find mental illness to be as sympathetic as a physical injury would be.

Answer 3

Of course there is not enough info to determine if you have a case or not, There is limits to the amount of accomidation that a company has to do. If the major parts of the job can not be done within the limits of reasonable accomidation.

You will find that few ADA law suits have been very good at getting anything done and will drag on for years and years with little if any settlements.

first you have to show they were fully aware of this problem at the time you were hired. Next you have to show them what if any accomidations where needed for you to perform the major components of the job. ( and you would have had to be able to do the major parts of the job) for example if you could not stand, and a major part of the job was carrying a case of paper from point one to point two every 10 minutes, then of course the company could allow you to use a cart and a power chair, if there was room for one to go in this space, but may not be required to buy the power chair because of the cost, but allow you to get one if you wanted to.

So in first, does your medical disorder actually fall under the government classification of a disability, normally it requires that at least one major life funtion according to thier list can not be done because of this disability. So alot of disability is not covered at all.

next is it perminate, or can it be controled under medication.

Next the cost of the accomidation has to be reasonable, they may not be required to put in a major expense to allow you to do your job.

They have to be notified of the exact extent of the problem and have to be told what accomidations you would need

You have to be able to do all the major funtions of the job
Example a man has a stoke, he can no longer do his job,
It is considered perminate, but his job was typing, and now he can no longer spell or use his left arm.,

the company has no obligation to try and allow him to continue his job.

So in basis, you are so vague that no real idea of what happened, and why to tell.
It sounds like they tried to allow you to do the job, you could not do it for some reason, so they fied you ????

Answer 4

Before you jump into this do your homework on the attorney. Not all attorneys are really qualified to defend you in Federal Court. Just because they charge you a bunch of money and speak well doesn't anything.

Check them out through the court system, ask people who have used them, ask them what cases they've done and the outcome of those cases. See if they will provide you with the names of people who have used them.

Be prepared to have a lot of stuff dumped on you. Save every piece of paper you file with the court. Start keeping a book in order of the date filed.

Stuff like this can drag out and it becomes a struggle as to who can hold out the longest. If you receive a fair settlement take it.

Answer 5

Start by calling some attorneys who specialize in work place law. Call more than one but at least three and discuss your case with them. Best of luck to you whatever you decide to do.

Answer 6

Man stfu with your damn issues. If you have such issues then how the hell can you work with other people, and YOU know that. Work at home and get over, stop trying to get a free ride. Maybe you can get disability and suck tax dollars from us all.

Go f yourself retard.

Answer 7

It sounds like you want to get revenge, and not SOLVE YOUR ISSUES! Get some professional help that will help integrate you with your fellow workers, and not set further boundaries on your next job.