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Lawyer already says have a case....

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MatthewGoode

Junior Member
What is the name of your state? Kentucky


I worked at job for 13 years, nothing but great reviews. I worked as a collector for a large credit card company. Out of the blue on December 29th, two managers who were not mine, pulled me into a room and gave me the speech that I had two days with to much "gap" time. Gap time is time in between calls. Keep in mind, that I am not on a dialer system, it's manual, meaning I make the calls on my own time. No difference, I may have had more time that day because I am diabetic and my blood sugar was going up and down those two days. I've been there 13 years, had just had my last one-on-one two weeks prior and was told I was doing a great job. I made a lot of money for the company. Then, I was told I had to much gap time for two days and I was walked out. I had e-mails from co works that night telling me how it was "bs" and what not. I even had a manager that works there call me telling me how upset they were with the firing. It came out of no where. I contacted a lawyer who tells me I have a case, because it seems I made to much money alone as far as my salary was and I made incentive on top of that. The lawyer did not say that, but this is mine, and many other suspicious because this company has a reputation for letting you go once you reach to high of a point. Well, the lawyer says it may consist of discrimination as well because of my blood sugar playing tricks on me those days and them not taking this into consideration. The only thing is, she wanted a $2000 retainer fee and $180 an hour. I just was put out of work, I don't have funds like this. First, do you agree I have a case, and Second, are their lawyers who take things like this on at a very low cost or even pro bono?
 


C

CheeseBlotto

Guest
Based on the facts presented here, you have no case whatsoever.
 

MatthewGoode

Junior Member
CheeseBlotto said:
Based on the facts presented here, you have no case whatsoever.

Could you explain to me why? It seems all your reply's to everyone is "sorry you're screwed" I'd just like to know if you're actually being serious or just out having fun. I had a real lawyer tell me I had a case, one that specializes in this type of law, and I just wanted others opinion and advice about the legal help. Thank you
 
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cbg

I'm a Northern Girl
Because (first) your post does not indicate that your employer was aware of your diabetes and they cannot be held responsible for what they do not know; (second) even if they were aware of it, you do not indicate that you ever asked them for an accomodation, which is necessary before they are required to take your condition under consideration for anything; (third) even if you did ask them for an accomodation, nothing in the ADA requires them to hold you to a lower standard than they would hold a non-disabled employee in terms of work product unless that was part of an ALREADY AGREED TO accomodation.

It is NOT illegal to fire the highest paid employees unless it is a pretext for age discrimination and nothing in your post even remotely suggests that to be the case.

So unless you have left out major points, no, I do not agree you have a case. And even if you do, you have to file a complaint with either the EEOC and/or your state discrimination board AND get a right-to-sue letter from them before you can file a lawsuit.
 

MatthewGoode

Junior Member
cbg said:
Because (first) your post does not indicate that your employer was aware of your diabetes and they cannot be held responsible for what they do not know; (second) even if they were aware of it, you do not indicate that you ever asked them for an accomodation, which is necessary before they are required to take your condition under consideration for anything; (third) even if you did ask them for an accomodation, nothing in the ADA requires them to hold you to a lower standard than they would hold a non-disabled employee in terms of work product unless that was part of an ALREADY AGREED TO accomodation.

It is NOT illegal to fire the highest paid employees unless it is a pretext for age discrimination and nothing in your post even remotely suggests that to be the case.

So unless you have left out major points, no, I do not agree you have a case. And even if you do, you have to file a complaint with either the EEOC and/or your state discrimination board AND get a right-to-sue letter from them before you can file a lawsuit.

Forgive me for not pointing out. Yes they are well aware of my situation. They have letters on file stating that at times I may require food at my desk because of this fact. I even kept one at my desk because of new managers who would walk through the building asking why I have chips or something at my desk. I am 58 years old, I was 3 years away from retirement, I just find this all odd. No one seems to have answered my 2nd question about legal help as far as pro bono goes. Does anyone have any info ont his?
 

cbg

I'm a Northern Girl
Okay, they were aware of your condition. They still are not required to allow you to produce less work than someone who does not have diabetes. If you can show that someone else, who is similarly situated to you, who does not have diabetes would not have been fired for having the same gap time (and I'm not saying you can't - just telling you what the standard would be) THEN you have a case for disability discrimination.

It is doubtful in the extreme that any lawyer will take your case pro bono, meaning no fee. One MIGHT be willing to take it on contingency (meaning that they get a percentage of your settlement if you win) if you can convince him that you have a strong enough case. Lawyers have bills to pay, too - they can't work for nothing. None of which changes the fact that you STILL have to have a right to sue letter from either the EEOC or your state discrimination board before you can file any kind of lawsuit. You MUST file a claim with one of those two regulatory boards or you CANNOT sue. You do not need a lawyer to do that.
 

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