C
Chaotican
Guest
My husband went on an FMLA in March. When it expired, he attempted to return to work with accommodations. Three weeks after requesting accommodations, he was laid off due to a "job elimination". There was never an interactive process.
I work in HR, and I am convinced that his termination was illegal. I contacted a lawyer who advised me to try to negotiate a settlement on my own since I understood the law very well. (He agreed that we had a case but he works for a famous firm and didn't want to/need to go through the hassles involved in this case.) I spoke with my husband's HR department, and they promised to launch an investigation. I also told them that my husband wants his job back.
The investigation would have shown that no one else who shared my husband's position was eliminated, though they were less senior and my husband was a star employee. Instead of addressing these concerns, HR offered to reinstate my husband.
He agreed, and we requested accommodations yet again. They would only accept accommodations recomended specifically by a doctor, despite the fact that the original accommodations were already recommended by a doctor. Finally, HR agreed to the accommodations and advised my husband to speak with his manager about a schedule.
His manager is less willing to co-operate, and has made it clear that given the choice, she would not agree to his accommodations. She has indicated that in our next conversation, we will talk about why the accommodations will not be made available to my husband. We are still waiting to hear back from them about when we can discuss my husband's schedule. They have been stalling him for over three months, total. Because my husband's disability is mental in nature, this is causing him constant stress and anxiety.
We live in California. Should we stop trying to negotiate with this company and just sue? The company is in financial trouble (it is a tech company) but it is huge. If they declare bankruptcy, are we out of luck? They have an arbitration clause that may be found invalid. (Small chance, but possible.)
Any advice is much appreciated. Sorry for the spelling...
I work in HR, and I am convinced that his termination was illegal. I contacted a lawyer who advised me to try to negotiate a settlement on my own since I understood the law very well. (He agreed that we had a case but he works for a famous firm and didn't want to/need to go through the hassles involved in this case.) I spoke with my husband's HR department, and they promised to launch an investigation. I also told them that my husband wants his job back.
The investigation would have shown that no one else who shared my husband's position was eliminated, though they were less senior and my husband was a star employee. Instead of addressing these concerns, HR offered to reinstate my husband.
He agreed, and we requested accommodations yet again. They would only accept accommodations recomended specifically by a doctor, despite the fact that the original accommodations were already recommended by a doctor. Finally, HR agreed to the accommodations and advised my husband to speak with his manager about a schedule.
His manager is less willing to co-operate, and has made it clear that given the choice, she would not agree to his accommodations. She has indicated that in our next conversation, we will talk about why the accommodations will not be made available to my husband. We are still waiting to hear back from them about when we can discuss my husband's schedule. They have been stalling him for over three months, total. Because my husband's disability is mental in nature, this is causing him constant stress and anxiety.
We live in California. Should we stop trying to negotiate with this company and just sue? The company is in financial trouble (it is a tech company) but it is huge. If they declare bankruptcy, are we out of luck? They have an arbitration clause that may be found invalid. (Small chance, but possible.)
Any advice is much appreciated. Sorry for the spelling...