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I'm not saying I have a disability or that I shouldn't have been let go. I was asking a question I didn't know the answer to, hoping that someone with more knowledge on the subject than me would be able to answer it.
Well, to me this sounds like common sense instead of technical knowledge.
If even you don't think that they were wrong to fire you, then why do you think that you should gotten anything at all, much less more money than you did?
I agree with others that they were generous with the number of weeks of severance, and it should be at your current salary. But I don't see the harm in asking if they can pay your medical for a few more months. They're clearly sympathetic towards the whole situation, so if you explain that you've been working with a therapist and he has you on new meds that have helped tremendously, but you can't afford the meds once you don't have medical benefits, then maybe they will be kind and extend your medical coverage. No harm in asking. But I wouldn't bring in a lawyer, because you might lose the generous package that they already offered.
I agree with others that they were generous with the number of weeks of severance, and it should be at your current salary. But I don't see the harm in asking if they can pay your medical for a few more months. They're clearly sympathetic towards the whole situation, so if you explain that you've been working with a therapist and he has you on new meds that have helped tremendously, but you can't afford the meds once you don't have medical benefits, then maybe they will be kind and extend your medical coverage. No harm in asking. But I wouldn't bring in a lawyer, because you might lose the generous package that they already offered.
Companies aren't "kind" unless it's in their best interest. Which means they aren't actually being kind, but are actually trying to scr#w you without you realizing it. Which is why the OP needs to consult an attorney.
Then you are disabled. And you have medical records to prove it. Call a labor attorney. Just ask them what they would cost. These guys (your employer) are hoping you won't file for workers comp or disability, where they would have to work with you to keep your job and offer modified work, etc. They're hoping you just sign that severance agreement and go away. I think you have a case. But, it won't cost you anything to just consult a labor attorney.
Here's a reference for some employment attorneys in TN:
Don't let your depression keep you from calling an attorney to fight for you.
A person cannot get fired and then claim a disability. There are ADA protections and accommodations the OP could have requested well BEFORE there was a legitimate performance issue.
A person cannot get fired and then claim a disability. There are ADA protections and accommodations the OP could have requested well BEFORE there was a legitimate performance issue.
Well, if that's the case, I'm sure that's what an attorney would tell the OP.
But, just as an example: A disabled person does not have to use the term "reasonable accommodation" in order to be required to get one. This employer knew this employee had a disability and likely had a duty to deal with him/her as a disabled individual.
If not, fine. But, a lawyer who specializes in employment law is what's needed here.
Well, if that's the case, I'm sure that's what an attorney would tell the OP.
But, just as an example: A disabled person does not have to use the term "reasonable accommodation" in order to be required to get one. This employer knew this employee had a disability and likely had a duty to deal with him/her as a disabled individual.
If not, fine. But, a lawyer who specializes in employment law is what's needed here.
An employer owes no duty to an employee when it comes to an accomodation. The employee must request one...An employer may suspect an employee is having a difficult time, but until a request is made, they owe no duty at all....
Had the employer inquired, the thread would be more like - My employer wants to know my medical history...Can I sue them for being nosy.
An employer owes no duty to an employee when it comes to an accomodation. The employee must request one...An employer may suspect an employee is having a difficult time, but until a request is made, they owe no duty at all....
Had the employer inquired, the thread would be more like - My employer wants to know my medical history...Can I sue them for being nosy.
So you're a disability/labor lawyer? Or were you there witnessing how the employee never discussed needing time off due to a disability, or perhaps asking if modified work was available? And maybe their HR department avoided asking if she needed to take time off using the company disability insurance, or state disability insurance? Do you know all of the laws about all of these issues? As well as all of the facts of this case?
So many strong opinions insisting the OP doesn't have any rights and shouldn't call a lawyer, without knowing anything about the case or the laws. As if making a statement loudly makes it so. Weird.
I did not say for the OP not to contact a lawyer....The law is clear though, an Employee must request an accommodation, period. It is the responsibility of the OP...the OP did not say what he requested, or if he requested anything at all. The law is clear though - the duty is on the employee, not the employer. The employer is required to respond to requests, not seek out which employees may need them.
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