Q: I had bi-polar and I had told my employee verbally with Dr's notes before and after termination, but still terminated
I had bipolar and I had told my employee verbally with Dr's notes before and after termination, but still terminated.
I just could not find the email that could keep the communication words " I had bipolar" on paper though only Dr's accommodations leave both before and after termination.
How could I work with an attorney, EEOC, CRD (California ) to ask for help? Is there any attorney who could help me?
A: Both Federal and California laws protect employees who have physical or mental disabilities who can still perform the essential functions of the job. These cases always involve problems of proof. You can file a claim with the DFEH and they may investigate, however, you best chance is to find a local attorney specializing in Physical Disability law for employment. Meanwhile, you need to get another job as soon as possible. Thanks for using Justia Ask a Lawyer.
A:
Simply informing your employer that you have a disability is not enough to give you protection against termination. You still have to perform the essential functions of your job with or without accommodations.
Therefore, based on your post, it is impossible to tell you if you have a meritorious claim or not. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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