First of all, ADD isn’t a thing anymore. It is now just labeled ADHD with 3 types, inattentive, hyperactive, and combo. I find it interesting that you are a lawyer and the government look at ADHD the way you explained it. First of all, ADHD has been added to the ASD or autism spectrum disorder spectrum. Although it hasn’t been categorized as Autism yet, it is part of the spectrum. I wish I could explain this logic, but many neuropsychologists and ADHD and Autism experts are leaning towards ADHD being another presentation of ASD/autism. You also need to look at the fact that many if not all (I am on the side that ADHD is another presentation of ASD) people with ADHD are autistic, and a huge number of Autistic people are ADHD. The crossover is huge. Since only about 1 in 200 psychiatrists are trained in Autism, most adults with ASD go undiagnosed till later. The average autistic is misdiagnosed as some kind of depression, anxiety, bipolar, or other mental health issue and put on 7 different wrong medications. With this knowledge how can any government determine that an ADHD person’s ADHD isn’t bad enough? Who are these people deciding if it is bad enough? It literally f*cked up my life for 57 years, even though I was diagnosed at 30 years old. It took till 57 to get treatment, at which point I found out that I was also autistic and then 3 years later I was diagnosed with OCD. Neurodivergences travel in packs, so if you have one you more than likely have many. Also, just because someone’s ADHD doesn’t seem to affect their daily life at work doesn’t mean that it isn’t affecting their work life in a major way. Just as with Autistic brained people, ADHD-brained people are often forced into masking and it is exhausting and can cause major burnout. Masking is the act of pretending to be “normal” or neurotypical to try to fit in and especially to keep a job. Just because an ADHD person looks fine at work doesn’t mean that the person doesn’t go home completely overwhelmed and exhausted, unable to function for the rest of the night and often is useless the entire weekend. Some powerful accommodations make ADHD people’s lives so much easier. The fact that most experts see it as autism spectrum disorder and it is already part of the spectrum even if it isn’t called ASD yet, should therefore qualify for the same accommodations as say someone like me who is autistic/ADHD/OCD or AuDHD/OCD.
Yes I was written up for sitting down I told my boss that I had an injury he said get an accommodation and if we can't accommodate you you have find work somewhere else I said I might want to talk to someone about that he said go ahead I shook hands with everyone in the building so I got a Dr's note and told my supervisors
Unfortunately yes. Even with a doctor's note requesting a minor & reasonable accommodation to sit periodically. Not only did management refuse to accommodate, they also then removed our chairs from our job location after my request. Then they sent me home for 2 months. Now I find out from customers that my manager is making fun of my disability and and disclosing my private medical information to customers. 🤯🤷♂️🤦♂️
I went for an interview ...the HR was supposed to take my interview. I sat there for 5 hours ...but HR didn't come ...so I left the interview venue ...
Is remote work a reasonable accommodation if you have an auto immune disease that requires you to take medicine leaving you immunocompromised, thereby placing you at a greater risk of getting seriously ill? PS I am in New York.
The tile ‘Human Resources’ says it all. The employee is a resource for the company and is not considered human. When/if the employee requires assistance, termination is the result. Additionally, do not be fooled by unions. They don’t have your back and that is from personal experience.
t's pretty awful how much it has impacted every moment of my life since it happened well over a year ago. I just wanted to let you know that my situation/case would be nothing without the guidance and experience of your UA-cam. You are so appreciated.
Omg this is timely! A few days ago, my boss screamed at me and allowed my coworker to scream at me and hurl false allegations for 45 minutes straight. I stayed completely calm and explained that the things I was being chastised for were results of an ADA protected disability, and my boss called me a liar and refused to even look at the papers proving disability. I was literally called stupid, petty, and childish for 'using hand gloves to insult' the complaining co-worker by subliminally calling her dirty. I'm trying to plan my next step.
That being said, make sure you are doing your job to the best of your ability. There are employees who use their disability as an excuse to slack off. Not saying it's you, but if it is, stop it.
Perfect timing for my case! I'm super excited to hear the rest of the series! My employer tried pushing me down the road of long term Disability and then quickly fired me for "work performance" instead on the same day that I went to my Dr. Appointment. Now, a year later, they're trying to reinstate a disability case. My attorney and a rep from the insurance provider said it's disability insurance fraud, and they're trying to get the insurance carrier to pay for what they did to me. I was just wondering if this is a common stunt? Anyone else, experience this? I just made it through the EEOC investigation and am getting my right-to-sue. My accommodations were granted at first, and no one would help me (it was a game to set me up for failure) then instead they said I was creating an undue hardship, but that quickly went away and then terminated me for my performance after being served by the EEOC.
Oops, almost sent this to my boss! Two of the locations for the posters about ADA and discrimination are in both of the offices of the two people denying my RA.
What if you are interviewing for a new job. At what point of a new job offer and are hired when do you let them know that you need reasonable accommodations? Lets say you can perform the job but need some accommodations for appts.for treatments. You want to get the job without them judging.
Every time I've filled out an accommodation form I feel like the employer is trying to do the bare minimum they are required to rather than actually doing what's right and good for the company in the long term.
3:13 On the surface that seems like an extreme example, but I live in Texas & I remember being in college for graphic design and another student said something about receiving flack because they wanted that as their major also. They were actually trying to take a Desktop Publishing course. Problem was they were blind. When the student complained were were basically told they had to be allowed to take the class.
Great breakdown of ADA accommodations. Understanding employer obligations for medical issues is crucial. The examples of reasonable accommodations were helpful. Check out Branigan's other workplace legal videos for more essential tips.
I was told by my job I would get fired if get a reasonable accomidation for my leg. I had a tbi and leg injury in Iraq. Then they gave me a bigger workload then anyone else and forced me to do my work and work assigned to someone else until I snapped
Is the law still valid/apply if HR and supervisor are not experienced in reasonable accommodation process? Can employers get away with a law they are not equipped to handle and understand? My job kept telling me that the chairs in my area is in the process of removal even though I require a chair to be able to work.
What if... im COMPLETELY disabled by a 'common cold' ? completely unable to function looking and feelikg like shit, can barely move same with adhd, it completely makes me useless, they cant tell if im lying or im disfunctional... can they?
I sent an email to my HR department because I felt they were discriminating against me because I’m on intermittent FMLA and I used the word ‘retaliatory’ in my email. The next day I was written up and give. A ‘performance plan’ I was also provided a SOP that had expired and it took me 2 hours, researching my companies website to the find the updated SOP which had been changed in my favor. Super shady. Additionally I was supposed to get ‘weekly’ coaching meetings from my manager for the month this was in place. Never got one and that plan ended almost a month ago and no one has followed up with me
Good afternoon Branigan, love your videos🙌🏼 I am wondering if you may know a good employment attorney in Maryland? I work for Kaiser Permanente but in Mid-Atlantic and in desperate need of help. Thanks for your time in advance
Brian...hi... haaaaaaaaaaaaaa... It jus takes the life outta me to even look for...ask...come on here. Im so freaking TIRED of the people (liars). My comment is for the defamation video. But its a video so thought to comment on a current one to reach out for your...thoughts. If u don't mind getting back with me on the defamation video plz.
Is my employer allowed to tell me my ADA accommodations expired and they need me to fill out paperwork again? On my original forms my disability is marked as Not temporary. I have also been back for 5 years on accommodations before they all of a sudden wanted new papers.
Mental disability shouldn't be disclosed during hiring, internship or probation. Makes u less likely to get hired and also they don't fill in those specific disability quota
Branigan, can you please do a video about the concept of donating PTO/vacation time to a coworker? I worked at a place where I was constantly targeted for such and I didn't like the policy.
My friend was fired from her job after she had to go to the emergency room for a problem with her breathing whereby she could not breathe. She told her manager about this and within a month she was fired upon being fired. Behind being fired, she was giving a “severance agreement“ which forbid her from suing her employer for any reason. Does she still have a case under the special circumstances section of the law?
Thank you for doing more vids. I have been watching your vids and taking notes for my case against DFW Airport Board (currently in 5th Circuit Appeals) and you provide so much info it has helped me discuss this with my legal team. I am 100% disabled Army veteran with hip, back and knee issues. My case has a few parts... Failure to accommodate in current position, for which I requested a taller table and chair with a back. These were called "an undue hardship" by DFW Airport. I then requested a reassignment and they agreed (I have this convo recorded). They then claimed they had better candidates for all 61 positions I applied for, many of which were not even in the hiring process but were still open and vacant, so they would not have even had other candidates applying. They then fired me for exceeding 180days of disability leave which they forced me onto by refusing to let me come in and work while figuring out my reasonable accommodations. I have internal emails for the DFW Risk Management where they stated, "keep telling him it is an undue hardship until his time runs out and we can fire him." If you are asking, "That sounds like a strong case, why are you in Appeals Court?" My attorney was just as confused when the summary decision went against us. We obviously were shocked and strongly disagreed with the decision, so we appealed. We are very confident we will prevail, and we have oral arguments in New Orleans in early August.
@davidblaske6911 ok, 179 out of the 180 medical leave. I doubt it, they had this planned for months and were just watching my time tick away. They would take 2-4wks to reply to emails, then not including job information I needed, so I was forced to call friends that were there to look at the jobs and tell me what was open and then I would email risk telling them I wanted to apply for it. Wait weeks, no reply, send email asking for update, "they had stronger candidates". There was ZERO cooperation, just stalling. It was so frustrating to be trying to get back to work to have them do this to me. This was my dream job, I had wanted to do it since I was 16, and finally got it, just to have it taken away after almost 5yrs because I was a disabled vet who finally requested accommodations rather than just suffering silently every day I was at work. I had days where my coworkers had to help me to my car because I could barely walk. Then DFW claims they are a veteran friendly workplace. Total fucking BS.
@@braniganrobertsonlaw ua-cam.com/video/iJebnRrHUnc/v-deo.html My appeal is completed. Awaiting the decision. I would like to hear your opinion on the hearing if you have time. Some highlights I thought were notable: 28:07 "but really secretly he's already terminated basically, even while this is kinda a sham thing going on, because he is already terminated." - Judge 33:40 "Doesn't that create an issue of fact, as far as even pretext...[33:57] but they call that a fact dispute, which means no summary judgment." - Judge
HI. It is impossible to get accommodation for a hidden disability for an exam from CalHR. CalHR argued the doctor's note only said I have a disability and said I needed accommodation, but the notice didn't list the accommodation I needed. It is impossible to ask the doctor to list the accommodation on the list because I have medical, and it pays doctor so little on it.
I noticed the similarities in _Canadian Human Rights Act_ . It only actually covers 7% of employees in Canada but includes my employer--elsewhere provincial laws apply. It has no exclusions for small employers or specific disabilities. It went viral recently when a trucker couldn't be fired because they had an accident while drunk because they were an alcoholic. As long as the worker was participating in treatment for the disability and can perform the essential functions, they cannot be discriminated against. We also have the concept of _undue hardship_ which captures the _essential functions_ part since failure to perform an _essential function_ is automatically an _undue hardship_ . In Canada you don't have to provide a diagnosis and my union is fighting our company on this.
In the USA, a company would absolutely be allowed to fire an employee if they were caught drunk driving. It would not matter if they were seeking treatment or not. There is no law that would protect someone for doing that here.
@@braniganrobertsonlaw I think it is just the natural consequences when addictions are a disability and the principles of accommodation are applied uniformly. I don't claim to condone those outcomes.
Good question. I would suspect that if you can provide enough evidence they are treated as employees, a judge would rule that the 5+ threshold is met. But it would depend on all the facts of the case and the judge you get.
@@braniganrobertsonlaw i wish I would’ve found you before this. The lawyer that I have right now doesn’t inform me of anything unless I call them and ask for an update. I haven’t worked in 3 months and still haven’t seen a doctor (in Los Angeles country)
I was injured at work and the injury unfortunately resulted in a permanent condition. My employer agreed to provide me with an accommodated position after my workers comp case manager requested it, but I've been sitting at home for 8 months waiting for the accommodated position to be offered to me. I have no idea what the accommodation entails, and my employer has been ignoring calls and emails from both myself and my case manager. Technically, I'm still employed but I have no idea whats going on.
This is what my employer is doing to me now. While i was on medical leave they kept blowing me up bum rushing me to come back to work and now when I am trying to ask for reasonable accommodations that truly wouldn’t change much at all other then my health improving and now they are also stonewalling me
Thank you so much for this information. I work at a Fortune 50 company and they like to play hide the ball. They don’t inform me of my accommodation rights as they relate to my medical 🏥 conditions. Your videos are invaluable. Thank you for your generosity.
Have you ever requested an accommodation at work? If so, for what? Was it granted or denied?
First of all, ADD isn’t a thing anymore. It is now just labeled ADHD with 3 types, inattentive, hyperactive, and combo. I find it interesting that you are a lawyer and the government look at ADHD the way you explained it. First of all, ADHD has been added to the ASD or autism spectrum disorder spectrum. Although it hasn’t been categorized as Autism yet, it is part of the spectrum. I wish I could explain this logic, but many neuropsychologists and ADHD and Autism experts are leaning towards ADHD being another presentation of ASD/autism. You also need to look at the fact that many if not all (I am on the side that ADHD is another presentation of ASD) people with ADHD are autistic, and a huge number of Autistic people are ADHD. The crossover is huge. Since only about 1 in 200 psychiatrists are trained in Autism, most adults with ASD go undiagnosed till later. The average autistic is misdiagnosed as some kind of depression, anxiety, bipolar, or other mental health issue and put on 7 different wrong medications. With this knowledge how can any government determine that an ADHD person’s ADHD isn’t bad enough? Who are these people deciding if it is bad enough? It literally f*cked up my life for 57 years, even though I was diagnosed at 30 years old. It took till 57 to get treatment, at which point I found out that I was also autistic and then 3 years later I was diagnosed with OCD. Neurodivergences travel in packs, so if you have one you more than likely have many.
Also, just because someone’s ADHD doesn’t seem to affect their daily life at work doesn’t mean that it isn’t affecting their work life in a major way. Just as with Autistic brained people, ADHD-brained people are often forced into masking and it is exhausting and can cause major burnout. Masking is the act of pretending to be “normal” or neurotypical to try to fit in and especially to keep a job. Just because an ADHD person looks fine at work doesn’t mean that the person doesn’t go home completely overwhelmed and exhausted, unable to function for the rest of the night and often is useless the entire weekend. Some powerful accommodations make ADHD people’s lives so much easier. The fact that most experts see it as autism spectrum disorder and it is already part of the spectrum even if it isn’t called ASD yet, should therefore qualify for the same accommodations as say someone like me who is autistic/ADHD/OCD or AuDHD/OCD.
Yes I was written up for sitting down I told my boss that I had an injury he said get an accommodation and if we can't accommodate you you have find work somewhere else I said I might want to talk to someone about that he said go ahead I shook hands with everyone in the building so I got a Dr's note and told my supervisors
Unfortunately yes. Even with a doctor's note requesting a minor & reasonable accommodation to sit periodically. Not only did management refuse to accommodate, they also then removed our chairs from our job location after my request. Then they sent me home for 2 months. Now I find out from customers that my manager is making fun of my disability and and disclosing my private medical information to customers. 🤯🤷♂️🤦♂️
@@bryans.7220 they got you too
@@bryans.7220 Wow. Have you talked to a lawyer?
People need to understand that HR is not your friend. They are the operational arm of the legal department, nothing more
@davidblaske6911lol come again?
True but you still have to work with them. Just tread with caution!
I went for an interview ...the HR was supposed to take my interview. I sat there for 5 hours ...but HR didn't come ...so I left the interview venue ...
We want the next episodes!! This is great!
Thank you!
Thank you Robert!
Is remote work a reasonable accommodation if you have an auto immune disease that requires you to take medicine leaving you immunocompromised, thereby placing you at a greater risk of getting seriously ill? PS I am in New York.
This channel is an automatic jewel! I always keep in mind your wise words.
The tile ‘Human Resources’ says it all. The employee is a resource for the company and is not considered human. When/if the employee requires assistance, termination is the result. Additionally, do not be fooled by unions. They don’t have your back and that is from personal experience.
I am your fan since years :) thank you for creating all these videos, never stop pleaseee :)
t's pretty awful how much it has impacted every moment of my life since it happened well over a year ago. I just wanted to let you know that my situation/case would be nothing without the guidance and experience of your UA-cam. You are so appreciated.
Omg this is timely! A few days ago, my boss screamed at me and allowed my coworker to scream at me and hurl false allegations for 45 minutes straight. I stayed completely calm and explained that the things I was being chastised for were results of an ADA protected disability, and my boss called me a liar and refused to even look at the papers proving disability. I was literally called stupid, petty, and childish for 'using hand gloves to insult' the complaining co-worker by subliminally calling her dirty. I'm trying to plan my next step.
Yes I agree very agree. It happened to me before a lot. I will take action now.
What horrible thing for them to do!
That being said, make sure you are doing your job to the best of your ability. There are employees who use their disability as an excuse to slack off. Not saying it's you, but if it is, stop it.
Perfect timing for my case! I'm super excited to hear the rest of the series! My employer tried pushing me down the road of long term Disability and then quickly fired me for "work performance" instead on the same day that I went to my Dr. Appointment. Now, a year later, they're trying to reinstate a disability case. My attorney and a rep from the insurance provider said it's disability insurance fraud, and they're trying to get the insurance carrier to pay for what they did to me. I was just wondering if this is a common stunt? Anyone else, experience this? I just made it through the EEOC investigation and am getting my right-to-sue. My accommodations were granted at first, and no one would help me (it was a game to set me up for failure) then instead they said I was creating an undue hardship, but that quickly went away and then terminated me for my performance after being served by the EEOC.
Oops, almost sent this to my boss! Two of the locations for the posters about ADA and discrimination are in both of the offices of the two people denying my RA.
What if you are interviewing for a new job. At what point of a new job offer and are hired when do you let them know that you need reasonable accommodations? Lets say you can perform the job but need some accommodations for appts.for treatments. You want to get the job without them judging.
Every time I've filled out an accommodation form I feel like the employer is trying to do the bare minimum they are required to rather than actually doing what's right and good for the company in the long term.
Unfortunately, there are a lot of companies out there like this.
3:13 On the surface that seems like an extreme example, but I live in Texas & I remember being in college for graphic design and another student said something about receiving flack because they wanted that as their major also. They were actually trying to take a Desktop Publishing course. Problem was they were blind. When the student complained were were basically told they had to be allowed to take the class.
Great breakdown of ADA accommodations. Understanding employer obligations for medical issues is crucial. The examples of reasonable accommodations were helpful. Check out Branigan's other workplace legal videos for more essential tips.
Hard to believe ADA was written so recently in 1990. What was the workplace like before then?
There were few ramps. If you were in a wheelchair, life was tough. Beyond that, it was a bit before my time, so idk.
I work from home in Louisiana but my employer is headquartered in Cupertino California would I have to contact an attorney in California or Louisiana?
I contacted an employment attorney in Louisiana and said they would have a 10 minute phone conversation with me for $1500
I was told by my job I would get fired if get a reasonable accomidation for my leg. I had a tbi and leg injury in Iraq. Then they gave me a bigger workload then anyone else and forced me to do my work and work assigned to someone else until I snapped
And you didn't sue them?
@@ubcroel4022 no
Is the law still valid/apply if HR and supervisor are not experienced in reasonable accommodation process? Can employers get away with a law they are not equipped to handle and understand? My job kept telling me that the chairs in my area is in the process of removal even though I require a chair to be able to work.
The law applies regardless of whether or not HR and management is experienced/knowledgeable about the accommodation process.
@@braniganrobertsonlaw thank you!
they don’t have to, they can find ways to get rid of you.
What if... im COMPLETELY disabled by a 'common cold' ? completely unable to function looking and feelikg like shit, can barely move
same with adhd, it completely makes me useless, they cant tell if im lying or im disfunctional... can they?
Depends on where you live. Short answer, no.
I have asthma and colds usually make breathing hard, and even I don’t qualify.
I sent an email to my HR department because I felt they were discriminating against me because I’m on intermittent FMLA and I used the word ‘retaliatory’ in my email. The next day I was written up and give. A ‘performance plan’ I was also provided a SOP that had expired and it took me 2 hours, researching my companies website to the find the updated SOP which had been changed in my favor. Super shady. Additionally I was supposed to get ‘weekly’ coaching meetings from my manager for the month this was in place. Never got one and that plan ended almost a month ago and no one has followed up with me
Good afternoon Branigan, love your videos🙌🏼 I am wondering if you may know a good employment attorney in Maryland? I work for Kaiser Permanente but in Mid-Atlantic and in desperate need of help. Thanks for your time in advance
Brian...hi... haaaaaaaaaaaaaa...
It jus takes the life outta me to even look for...ask...come on here. Im so freaking TIRED of the people (liars).
My comment is for the defamation video. But its a video so thought to comment on a current one to reach out for your...thoughts.
If u don't mind getting back with me on the defamation video plz.
Must HR accommodate a mental health condition, like anxiety?
Yes, but they might need a doctor to diagnose and issue what you can and cannot do.
I'm going to talk more about that in the next video. Should be published next week. Stay tuned.
I wish in Ontario Canada , There is some lawyers like you for disabillity employees.
Is my employer allowed to tell me my ADA accommodations expired and they need me to fill out paperwork again? On my original forms my disability is marked as Not temporary. I have also been back for 5 years on accommodations before they all of a sudden wanted new papers.
Mental disability shouldn't be disclosed during hiring, internship or probation. Makes u less likely to get hired and also they don't fill in those specific disability quota
Really excited about the next video. Keep on being amazing! Wish your firm was in my state!
I love your videos! However, let’s not say “confined to a wheelchair” since wheelchairs are a source of freedom for those who use them.
Yes potential employers have to make reasonable accommodations, they don't hire you.
Do you know any lawyers in Washington State who are as smart as you, that you could refer me to?
What if I asked for accommodation with my direct boss and not HR and denied. Is that the same thing?
Does anyone know of companies that hire people with service dogs?
Thank you so much for all your work for Us!
Unless you are a contractor. Then nothing applies.
The ADHD part was interesting. Tbh i see mine as a gift 😂
Great videos! I love your videos. I have learnt a lot by watching them.
This is so helpful ; over joyed I found you you
I’ll call tomorrow.
Branigan, can you please do a video about the concept of donating PTO/vacation time to a coworker? I worked at a place where I was constantly targeted for such and I didn't like the policy.
❤❤❤
Why three intros?
My friend was fired from her job after she had to go to the emergency room for a problem with her breathing whereby she could not breathe. She told her manager about this and within a month she was fired upon being fired. Behind being fired, she was giving a “severance agreement“ which forbid her from suing her employer for any reason. Does she still have a case under the special circumstances section of the law?
I got denied by my Nazi HRD. if i told you my story you would not believe it. So i took my, Denied Resonable Accommodation into my own hands.
Thank you for doing more vids. I have been watching your vids and taking notes for my case against DFW Airport Board (currently in 5th Circuit Appeals) and you provide so much info it has helped me discuss this with my legal team.
I am 100% disabled Army veteran with hip, back and knee issues.
My case has a few parts...
Failure to accommodate in current position, for which I requested a taller table and chair with a back. These were called "an undue hardship" by DFW Airport.
I then requested a reassignment and they agreed (I have this convo recorded). They then claimed they had better candidates for all 61 positions I applied for, many of which were not even in the hiring process but were still open and vacant, so they would not have even had other candidates applying.
They then fired me for exceeding 180days of disability leave which they forced me onto by refusing to let me come in and work while figuring out my reasonable accommodations.
I have internal emails for the DFW Risk Management where they stated, "keep telling him it is an undue hardship until his time runs out and we can fire him."
If you are asking, "That sounds like a strong case, why are you in Appeals Court?"
My attorney was just as confused when the summary decision went against us. We obviously were shocked and strongly disagreed with the decision, so we appealed. We are very confident we will prevail, and we have oral arguments in New Orleans in early August.
Good luck!
@davidblaske6911 ok, 179 out of the 180 medical leave. I doubt it, they had this planned for months and were just watching my time tick away. They would take 2-4wks to reply to emails, then not including job information I needed, so I was forced to call friends that were there to look at the jobs and tell me what was open and then I would email risk telling them I wanted to apply for it. Wait weeks, no reply, send email asking for update, "they had stronger candidates". There was ZERO cooperation, just stalling. It was so frustrating to be trying to get back to work to have them do this to me. This was my dream job, I had wanted to do it since I was 16, and finally got it, just to have it taken away after almost 5yrs because I was a disabled vet who finally requested accommodations rather than just suffering silently every day I was at work. I had days where my coworkers had to help me to my car because I could barely walk. Then DFW claims they are a veteran friendly workplace. Total fucking BS.
What’s your opinion on the USPS NRP class action lawsuit I am part of it!@@braniganrobertsonlaw
@@braniganrobertsonlaw ua-cam.com/video/iJebnRrHUnc/v-deo.html
My appeal is completed. Awaiting the decision.
I would like to hear your opinion on the hearing if you have time.
Some highlights I thought were notable:
28:07 "but really secretly he's already terminated basically, even while this is kinda a sham thing going on, because he is already terminated." - Judge
33:40 "Doesn't that create an issue of fact, as far as even pretext...[33:57] but they call that a fact dispute, which means no summary judgment." - Judge
HI. It is impossible to get accommodation for a hidden disability for an exam from CalHR. CalHR argued the doctor's note only said I have a disability and said I needed accommodation, but the notice didn't list the accommodation I needed. It is impossible to ask the doctor to list the accommodation on the list because I have medical, and it pays doctor so little on it.
i've been following for years. surprised you don't have more followers!
Looking for shady ways video is it up yet?
not yet. next week. stay tuned.
@@braniganrobertsonlawboy do I have evidence of shady ways. Hope you are enjoying Mother’s Day with family!
I noticed the similarities in _Canadian Human Rights Act_ . It only actually covers 7% of employees in Canada but includes my employer--elsewhere provincial laws apply. It has no exclusions for small employers or specific disabilities. It went viral recently when a trucker couldn't be fired because they had an accident while drunk because they were an alcoholic. As long as the worker was participating in treatment for the disability and can perform the essential functions, they cannot be discriminated against. We also have the concept of _undue hardship_ which captures the _essential functions_ part since failure to perform an _essential function_ is automatically an _undue hardship_ . In Canada you don't have to provide a diagnosis and my union is fighting our company on this.
In the USA, a company would absolutely be allowed to fire an employee if they were caught drunk driving. It would not matter if they were seeking treatment or not. There is no law that would protect someone for doing that here.
@@braniganrobertsonlaw I think it is just the natural consequences when addictions are a disability and the principles of accommodation are applied uniformly. I don't claim to condone those outcomes.
What if the company has 5+ employees but only 2 are on payroll and the rest are payed under the table ?
Good question. I would suspect that if you can provide enough evidence they are treated as employees, a judge would rule that the 5+ threshold is met. But it would depend on all the facts of the case and the judge you get.
@@braniganrobertsonlaw i wish I would’ve found you before this. The lawyer that I have right now doesn’t inform me of anything unless I call them and ask for an update. I haven’t worked in 3 months and still haven’t seen a doctor (in Los Angeles country)
I was injured at work and the injury unfortunately resulted in a permanent condition. My employer agreed to provide me with an accommodated position after my workers comp case manager requested it, but I've been sitting at home for 8 months waiting for the accommodated position to be offered to me. I have no idea what the accommodation entails, and my employer has been ignoring calls and emails from both myself and my case manager. Technically, I'm still employed but I have no idea whats going on.
This is what my employer is doing to me now. While i was on medical leave they kept blowing me up bum rushing me to come back to work and now when I am trying to ask for reasonable accommodations that truly wouldn’t change much at all other then my health improving and now they are also stonewalling me
Thank you so much for this information. I work at a Fortune 50 company and they like to play hide the ball. They don’t inform me of my accommodation rights as they relate to my medical 🏥 conditions. Your videos are invaluable. Thank you for your generosity.