Question about protection under Americans Disability Act ADA?
I have been emploeed at company for 13 years and never been disciplined before. They know my condition, that i have been diagnosed with agoraphobia, anxiety, OCD and depression. Yet I have never made an issue out of it because I want to be known as an overcomer. Howerver, the last year I have been suffereing bad from my illnesses. Last February we were working 70 hrs a week, and VPs were litterally looking over my shoulder for me to complete projects. I got upset one day and got into a disagreement with a co-worker no cussing or physical contact.
The supervisor gave me a final warning for not controlling my emotions, even though he knew of my illnesses. Do I have a right under the ADA to contest this? He seems to have a personal vendetta against me does the ADA offer me any protection. I have worked hard and struggled to overcome these dreadful things, and dont want to lose it just because of a jerk supervisor.
- LynnLv 77 years agoFavorite Answer
Screw what ADA might or might not be able to give you. ADA is only usable if you have the time and resources to go through the legal proceedings. Better idea. Use the letter of the law your company probably already devised.
Any chance your company has union people? You don't have to be in the union. You need to find out which employee the company runs to when there are union problems and which person the union members run to when they have a problem. The liaison for the company is usually the person who knows the letter of the law and can stretch that law the farthest. You've been there for 13 years with just one reported problem. That's the person who can tell you your rights as an employee, not merely as someone with disabilities.
My BIL was THAT guy for our gas utility company. He knew the rules, because, well, that was truly his OCD. (Honest. He had OCD, which got him to memorize the employee handbook. OCD can be a good thing.) Because of that, whenever management wanted to come down on an employee, he showed up to intervene for the employee using the company's own handbook. He always won, so management put him in as liaison thinking he'd suddenly take their side. He was OCD. His side was the letter of the law, so he still kept coming up with why management couldn't fire an employee. My grandfather did the same thing for/to a railroad company. (And both raised in the ranks of the company because they were like that.)
So, either find THAT guy or become THAT guy. If companies have handbooks, they cannot fire an employee over two incidences. It's usually right there in the handbook. And truthfully, one incident in 13 years means the boss is wrong, not you. This has nothing to do with your disabilities. You've already proven your worth, if they've kept you for 13 years. Make sure they don't screw you over just because a boss gets a hair up his butt. Use your OCD to come up with an answer.
I don't even think OCD is a dreadful thing, if it includes personality traits that are beneficial. Sure, it also includes stuff that gets in the way, but there are advantages to OCD that you don't want to lose out on. Use what you have for your own benefit.
- 7 years ago
Not enough information. The ada only says that your employers have to reasonably accommodate for your disability. Your coworker also has the right to a safe work environment, though. Without knowing if the disagreement entailed. Depending on what was said and the tones used, your coworker may be the reason the boss seems to be coming down hard. Your coworker could be saying he or she felt threatened and now feels unsafe. Those would be things your boss is also required to take very seriously as they could result in legal action, too.
The other thing to consider is if your reaction (not controlling your emotions) would be seen as a result of your conditions. Your employer only has to take 'reasonable' steps to accommodate for you. Making sure you aren't overly stressed may not be one of them.
- 7 years ago
The ADA's protections are not unlimited. If your emotions deter your ability to accomplish your job than it can be a cause for you to be assigned to a different position that is less stressful. One time losing it should not be a cause for determination given you do have your disability on record.
- fodaddy19Lv 77 years ago
Was this your first outburst or is this something that's happened before? I don't think the ADA would cover you getting into arguments with your coworkers. That falls more into the realm of self control.
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- ShugLv 57 years ago
Under the ADA, your employer must make REASONABLE allowances for your condition. The arbitrary word is reasonable.