Tuesday, July 08, 2008 suvivrgrl asks

Q: I was discriminated against by my now former employer. Can I take this further?

I worked for a large PBM for 10 years and when my MS began to impair my cognitive skills, they gave me a final warning (on my first day back from short term disability) for "performance transgression". They threw in an "email use infraction" to solidify their cause. My manager at the time started the ball rolling when I went out on STD the first time. She told me that "I brought the relapse on myself", that I psyched myself out. Inflicted hurtful verbal abuse on me in the presence of my team. The list goes on and on. In the mean time, I fell into severe depression because of all the hostility from my manager, HR and my team that by the time we met for a mediation with EEOC, I was in a weak state of mind. I could not and should not have been making any critical decisions. They coersed me into signing the waiver by giving me an ultimatum; resign or they will terminate me when I returned to work. I was vulnerable and was literally at my wits end. I physically and mentally could not take anymore abuse so i signed the waiver. Is this wrong or illegal having someone in my then state of mind, sign anything that would affect their livelihood?? I need advice

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Answers (3)
Lisa Emrich, Health Guide
8/17/08 6:44pm

Hi Suvivrgrl,

 

First of all, I'm sorry that this has happened to you.  Next, I'm not an expert in this field, but will second the advice which Kristen has given.

 

Consult with your local MS Society office who may have experience with lawyers in the area who could help.

 

I am unfamiliar, thus far, with Short Term Disability and Long Term Disability since I am self-employed and have neither option available.  

 

I am concerned with the "waiver" you signed.  How did this affect your access to COBRA insurance?  Would it have been better to have been fired outright?  I don't have the answers.  In fact, it would be great if you would update and let me know what you learn.

 

Please keep us posted.

 

Lisa

 

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7/30/08 11:11am

Survivrgrl,

 

I am so sorry to hear of your trouble with work. I am not a lawyer so I can not say for certain, but it sounds similar to a case one of my MS friends had and she sued. It will be dependant on the size of the company as to whether the ADA is applied - again I think because I can't say for sure.

 

You may want to look into calling your MS Society chapter. They should be able to refer you to a lawyer who will work with you at a potentially discounted rate. The fact that you signed something already may or may not be a problem. I vaguely remember ny friend saying they wanted her to sign something and I can't remember if she did or not.

 

Good luck. Hope this helps at all.

 

Kristin

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5/ 3/09 6:40pm

Mam, my WIFE + I both wer, and I took it as far as the FEDERAL COURT of APPEALs, but found out the cop=out for EMPLOYER in VIRGINIA is: VIRGINIA is an AT-WILL EMPLOYMENT state, but FEDERAL laws are SUPPOSE to OVERIDE state laws, so it depends on whether you find the right LAWYER or not, who is not BOUGHT off under the TABLE by OUR TAX DOLLARS! Right now OUR HOME is BUSTED up over MY WIFE's DENIAL of REHABILITATION, which I will have to file CHARGES against the last Home HEALTH agency, if I cannot find the fight LAWYER to do it, that is not already bought OFF with OUR TAX DOLLARS! IF you find a lawyer to help you, that can PRACTICE in VIRGINIA, have him contact me at 540-793-4023! MY NAME is; HERBERT CONSIDDER! LORD BLESS YOU, HE said HE would not put more on US than what WE could BARE!

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By suvivrgrl— Last Modified: 12/25/10, First Published: 07/08/08