How do I go about getting proof that my company declined accommodation?

I have an underlying health issue. I had surgery on my backabout 15 months ago during the time of employment at a daycare. I am a lead teacher for the young toddler room which requires me to lift children 35 lbs atleast 4 times a day each child. My back problems have flared again. This month I asked my employer for accommodation with my back problems and they declinded. I am currently searching for new employment. But if I can not find new employment within my 30 day notice I would like to apply for unemployment. Utimately I need proof that I asked for accommodation and the company declined to receive unemployment.

Asked on September 13, 2012 under Employment Labor Law, Georgia


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have a couple of different options depending on the policies and procedures of your employer.  First is to hand-deliver and have a cover letter where someone with the HR department signs for it.  Second option, hand-deliver the request, but take a witness.  Third, send the request certified mail with a return receipt requested, so that you will have additional proof they received it.  It's always good to send a regular and certified letter close in time to each other to prove that they got one, but were avoiding the other.  Fourth, follow-up with an email to see if they have received your written request to any of the above options.  A fifth option depends on your employer-- but you definetly need to check and see if your employer has a formal form that they require.  An ADA request can be kicked out for failure to follow their administrative procedures.  So... read the employer/employee handbook, read any notices in the breakroom about ADA or workplace injuries, and ask HR if there is a special form you need to use to submit your request.  Document who you asked, what they told, and when they told you. 

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