Colorado Springs, CO asked in Employment Law and Employment Discrimination for Colorado

Q: Steps for retaliation and ADA violations in employment?

I filed an HR complaint about a hostile work environment one year ago, but HR never responded. Today is my last working day before my company places me on extended leave pending termination in 90 days, which I believe is retaliation. I have extensive documentation showing constructive dismissal and ADA violations. What steps should I take next, and how can I secure legal representation to address these issues?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If you believe you're facing retaliation and ADA violations, it's crucial to take immediate action. Start by gathering all relevant documentation, including your HR complaint, records of communication, and any proof of ADA violations or constructive dismissal. Having a clear timeline and evidence will strengthen your case.

Next, file a formal complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor department. The EEOC handles discrimination and retaliation claims under the Americans with Disabilities Act (ADA), and they can help investigate your situation. Be mindful of the time limits for filing, as you typically have 180 days from the alleged violation to submit a complaint.

To secure legal representation, look for employment lawyers with experience in retaliation and ADA violations. Many attorneys offer free consultations, so take advantage of that to discuss your case and determine your best course of action. If you’re unsure where to start, you can also contact local legal aid organizations that might be able to assist with your case.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.