What is the name of your state? Ohio
My former employer and I fall under the corresponding requirements set forth in the ADA. I have typed this three times already, so I’ll try to make this brief. I can provide further details if needed.
On July 20th I gave my two weeks notice. On July 28th I was ill due to my disability. I called my supervisor, told her that I was going to the doctor, and I would be in to work afterwards. She said I would be terminated. I informed her that company policy states employees are allowed 7 tardies in a rolling 6 month period, and I should not be terminated. She said she needed to talk to her supervisor. She called back at 8:36am and stated I needed to be in before the tardy cutoff time – which was 8:36am – or I would be fired. I called her back and left a message, since she did not answer her phone. She never returned my call. I called her several times every few minutes, leaving messages, with no response.
After going to the doctor, I returned home to see if she had called. She had not, so I called her supervisor. He said that he needed to talk to her and get her side of the story. He called back, stated that she claimed I had not called in, no one knew why I didn’t show up for work, and that my employment was terminated.
A few days later I wrote an email to the HR department explaining the situation. They have now decided to give me the wages that I lost. I have read the EEOC website and am wondering about the following two statements. At http://www.eeoc.gov/employers/chargesfiled.html#if my company under the question If my company is found to have violated the law, what could happen? it states that I can seek money other than wages. But at http://www.eeoc.gov/facts/ada18.html under What Do I Do If I Think That I'm Being Discriminated Against? it says, “If you have been discriminated against, you are entitled to a remedy that will place you in the position you would have been in if the discrimination had never occurred.”
So should I accept the check for my lost wages and forget about it? Or can I sue for more?
Thank you for reading this long post and taking the time to help me.
My former employer and I fall under the corresponding requirements set forth in the ADA. I have typed this three times already, so I’ll try to make this brief. I can provide further details if needed.
On July 20th I gave my two weeks notice. On July 28th I was ill due to my disability. I called my supervisor, told her that I was going to the doctor, and I would be in to work afterwards. She said I would be terminated. I informed her that company policy states employees are allowed 7 tardies in a rolling 6 month period, and I should not be terminated. She said she needed to talk to her supervisor. She called back at 8:36am and stated I needed to be in before the tardy cutoff time – which was 8:36am – or I would be fired. I called her back and left a message, since she did not answer her phone. She never returned my call. I called her several times every few minutes, leaving messages, with no response.
After going to the doctor, I returned home to see if she had called. She had not, so I called her supervisor. He said that he needed to talk to her and get her side of the story. He called back, stated that she claimed I had not called in, no one knew why I didn’t show up for work, and that my employment was terminated.
A few days later I wrote an email to the HR department explaining the situation. They have now decided to give me the wages that I lost. I have read the EEOC website and am wondering about the following two statements. At http://www.eeoc.gov/employers/chargesfiled.html#if my company under the question If my company is found to have violated the law, what could happen? it states that I can seek money other than wages. But at http://www.eeoc.gov/facts/ada18.html under What Do I Do If I Think That I'm Being Discriminated Against? it says, “If you have been discriminated against, you are entitled to a remedy that will place you in the position you would have been in if the discrimination had never occurred.”
So should I accept the check for my lost wages and forget about it? Or can I sue for more?
Thank you for reading this long post and taking the time to help me.