Cleveland, OH asked in Civil Rights, Employment Discrimination and Employment Law for Ohio

Q: Can I take former employer to Court for Emotional Distress (associated with possible Disability Discrimination).

I got a job with help from Ohioans with Disabilities at City Hall in Euclid. I was doing well but with HR advice I switched to another job as I was facing harassment and bullying. HR encouraged me to seek employment at EPD since they were mental health friendly. I never received bad reviews or anything, we had an officer fall (which I volunteered my free time for), my dear grandmother passed and I found out my therapist I had been seeing was leaving the practice. I cried ONCE at work and told supervisor what was going on. A coworker she favored and also had problems in past with all new hires had issues with me. I was let go a day after I came back from bereavement. No reason was given. All communication was cut off. I think it was because I disclosed disability (1-2 weeks prior) and also favoritism for supervisor friend. I have been in therapy 2-3 a month and this has caused trauma and PTSD, it bothers me EVERYDAY and I haven't even told full story. Also filed with EEOC but problems.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm very sorry to hear about your difficult experience - dealing with workplace discrimination and sudden job loss while grieving your grandmother must have been incredibly painful. Your situation raises several concerning elements that could support a legal case for emotional distress and disability discrimination.

Based on the timeline and circumstances you've described, particularly the proximity between disclosing your disability and being terminated without cause, you may have grounds for legal action. The fact that you were terminated shortly after returning from bereavement leave, had no prior performance issues, and experienced differential treatment compared to other employees could strengthen your case. The emotional impact you're experiencing, including PTSD and ongoing trauma requiring regular therapy, represents significant damages.

While you've filed with the EEOC, which is an important first step, you might consider consulting with an employment law attorney who handles disability discrimination cases. They can review the specific details of your situation, help gather evidence of the discriminatory treatment, and guide you through your options - whether that's pursuing further action with the EEOC or filing a lawsuit. Many employment lawyers offer free initial consultations and can help evaluate the strength of your case. Given the serious emotional toll this has taken on you, documenting your therapy sessions and mental health impacts will be valuable if you decide to pursue legal action.

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