Discrimination Claim Letter to Previous Employer

[nanf]

What is the name of your state? TN, Corp. is located in MA

cbg if your available or anyone with expertise.
Regarding my husbands discrimination for his disability, we got the paperwork to file a claim to EEOC and are filling that out.

Last friday, he spoke to the VP that actually signed his termination letter and sent the letter to try to renegotiate his severance package.

The VP told him that it was out of his hands and in process and he didn't know the process. In that email, he kindly noted that he was performing the job that they have posted. Since that time they have again change the title of the job and some of the duties/responsibilities and taken the position off public job postings sites-its just located on the company website. Although the essential duties/responsibilities have remain the same.

We were thinking about sending another email, stressing the point that he has been doing the duties listed, meets their qualifications and has done the same job with other companies in the past and that he would take this position if it were offered to him. Can he say in this email that he believes they have broken federal law by discrimination due to his disability.
Or do you think this is a bad idea....do you think sending an email with any of the information listed would cause any harm.

I think one action they might consider is to reinstate his job and provide him with accomadations as requested prior. Although, they'll most likely make his life miserable if he is reinstated. I know he would take the job (while still looking for another position). Mainly, I have a high risk pregnancy and not able to work because of this and we need the insurance. ( I know that really doesn't matter to his case) Although one thing, because he was told that it was not company policy to fire and and rather they just reassign. We decided it was safe for me to get pregnant. We have been putting off having children for 10 years....Again, I know this is most likely irrelevant to his case but had to vent a bit)

Of course the VP had been purposely vague on the whole process thing. So we have no clue if his claims from his previous correspondence is actually being investigated, ignore or anything.
We are most interested in getting a severance package that can help us out until he finds another position. Usually in his field it will take him 3-4 months to find a job.

Again thanks for your input.

 

[cbg]

I would be very, very careful about making any claims that they have broken the law in any documentation to them. You might say something like, "I believe I should have been offered accomodations under the Americans With Disabilities Act" but I would steer clear of anything that can be construed as an accusation. Don't forget that any e-mails, letters or other documents can eventually show up as evidence if this gets to court, and you don't want anything coming back to bite you. If you feel you MUST contact them, do it through an attorney and use his advice as to the wording. Of course, it goes without staying that YOU should not send anything at all over YOUR signature - any correspondence should come either from your attorney or be signed by your husband, NOT by you. As I told someone else here just yesterday, family members getting involved can only make things worse.

BTW, they are under no legal obligation to provide ANY severance. Severance is NOT required by law. Be careful how hard you push - you don't want to risk having them withdraw any package at all.

 

[nanf]

Thanks for your advice. yes of course I am NOT signing anything in my name. I understand although it effects me this between him and his former employer. Just trying to help him out because of his dyslexia. Also, I am sure VP's etc. know that I am helping him with this. When he first started his position, there was no one but him. In addition to his other duties with creating a new studio, he had to bump up the staff...one of the VP's asked me to help him out as a contractor...

We also understand it is risky because they might withdraw the severance package. It's really not that much and he's outweighed the pros and cons of sending further correspondence.

He has had some difficulties finding an appropriate attorney. They keep on referring us to other attorneys and all he's said that is Employer discrimination due to his disability. He's is going to try to go down his list of referrals.

On a different note, reading other post, you and the Sr. Members seemed to be a little frustrated today or in a goofy mood. If you don't get enough appreciation for what you do, I wanted to tell you that I appreciate you!

 

[cbg]

Thank you, Nan, your appreciation is appreciated!

If you are having trouble finding an attorney, call your local legal aide society and/or your state bar association for suggestions. Also, if there is a law school near you, they often have legal clinics.