disability and harassment

[pooh1965]

(arizona)..hi..i have worked for a large company for several years. they appointed me the subject matter expert, as well as a training coach when needed. i applied for several promotions, of which i was given one interview out of several attempts over the years. they either hired people off the street for this promotion or other in company employees from other depts. i would have been much more qualified than they, for these positions. i became very leary about a year ago. they became very abusive (verbally) to me in front of other co-workers. i was given more cases to work, whereas others were allowed to slack off, take longer breaks, talk ect. if i even attempted to talk with another co-worker, i would be written up. if i asked for certain days off (no set schedule) the days i requested off i would not get (also made to work every weekend of which they requested two weekends a month). my stress level finally capped. i could no longer take their humiliation (sending emails to co-workers about me/my performance) and discrimination, and ultimately had to go on disability leave for severe stress/panic/clinical depression. the day i left, my supervisor demanded i speak with him in a huddle room, of which i did not feel comfortable, so i requested either another lead agent or HR present, and this supervisor advised me i was not allowed to have anyone present, and stuck his finger in my face (narrowly missing my nose), screaming at me in front of aprox. 100 co-workers. i then requested to go to our HR dept and he advised me i could not go. i went anyway, and HR told me there was nothing they could do, that i would need to speak with my manager (who was also behind this problem--have spoke with him numerous times and nothing done about the way i have been treated). i applied for short term/long term disability thru my employers benefit plan (ERISA). they denied me benefits for the past nine months. they claim i should have returned to work in a different dept or found employment elsewhere. i have top seniority at this company. i am 36. my co-workers and managment team are all in their early 20's. i do not want to lose my benefits, seniority etc. my doctor has wrote me off of work for aprox 1 1/2 yrs for my illness that i suffered as a result of treatment from my work environment (post tramatic stress disorder). my employer states if i do not return to work in the next month, i am a voluntary termination. i feel i was harassed or discriminated against for some reason, however, what reason i can not pinpoint. would it be possible for me to sue my employer for the treatment i had to endure? back pay for missed work due to treatment which caused my illness? their disability plan (which my employer funds) is not willing to pay disability benefits, which they in all fairness, should be doing.) i contatced an atty in my area, and they advised me, if there is no sexual harassment, then i dont have a case. that this is a very fine line. i am unable to return to work due to their actions. not at that employer, or any employer as a result of their actions. i am a single mother with small children. we have no income. any suggestions? thanks for your input and help...

 

[Beth3]

There are a lot of potential issues here and only a very in-depth review of all the particulars can really determine whether your employer may have engaged in any prohibited discrimination or harassment.

I do find their reason for denying STD/LTD extremely unusual and highly suspect. I've worked with STD and LTD plans for years and can tell you that the EMPLOYER does not make the determination on eligiblity, the insurance carrier does (or third party administrator, if its a self-funded plan') It is simply not up to the employer to say that "you should have found other work" and deny benefits. For one thing, it's extremely likely that your STD plan defines disability in part as being medically unable to perform your "own occupation." It sounds as though you have been denied benefits to which you were entitled to.

If your employer refused to provide you claim forms or you completed the claim forms and your employer refused to send them on to the carrier(s), I suggest you contact the federal Department of Labor and file a complaint.

I urge you to speak to other attornies. First off, you need one who specializes in employment law, not a general practitioner who is not familiar with the intricacies of state and federal employment regulations as well as the related case law.

If you don't know how to find employment law attornies in your area, call your State Bar Association and ask for referrals to several in your area.