Olathe, KS asked in Employment Discrimination and Employment Law for Kansas

Q: My employer fired me out of retaliation and disability discrimination, can I win without exact dates of incidents?

I was fired in retaliation. My manager made my work environment hostile and uncomfortable. Every time I tried to talk to her to see what I could to improve things, I found myself being written up not to long after for attendance. I told her that I had depression and anxiety from day one. and that only telling me how bad I was doing made them worse. That even the smalls of compliments helps. This resulted in attendance right write ups. I spoke to other stores about my situation. My manager was known for abusing her power and had the highest turn over rate in the district. I was not given proper training, I was spoken down to whenever she was having a bad day and made to feel worthless in the company. My manager even agreed to trying to make me quit, when asked why I was treated so poorly. My depression and ADHD make it difficult to remember exact dates. I can remember events in order within days/weeks of each other. Could I still win a lawsuit without exact dates due to my disability?

1 Lawyer Answer

A: Hi, more information is needed here. Your depression and ADHD may qualify as a disability under the Americans with Disabilities Act. It would be unlawful for your employer to discriminate against you on the basis of your disability (if it qualifies) or terminate you in retaliation requesting an accommodation. I would recommend reaching out to an employment law attorney in your state for a consultation.

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