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I worked full-time in a non-union, hourly position, and after sending an e-mail to district manager about issues at the store, I was threatened that my job would be made miserable. I, also, had issues with depression/anxiety that I am being treated for with my primary dr. All at store were aware, I made a request for a schedule adjustment to deal with these and other issues, no response, while others that did not have a medical reason were allowed to make changes. Suddenly, I am being written up all the time, and I have my personnel file from store and there are multiple incidents of falsified information. I was employed 3 years with this company and was consistently the 2 seller for commission based memberships and warranties. I have all e-mails and documents in regard to this situation.
Asked on June 27, 2017 under Employment Labor Law, Michigan
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
Contact the federal Equal Employment Opportunity Commission, or EEOC: you may have an emploment disrimination claim. A number of factors suggest this: that they know about your psychological issues; that people without such issues were allowed to make schedule adjustments, but you could not; that they have falsified complaints in your file; that you apparently are a high performer. In fact, of everything you write, the only thing which does not provide at least some support for a disability-based discrimination claim is that you were threatened after sending an email about issues at the store: there is no inherent legal right to complain about, raise issues at, etc. your job, and an employer can take action against employees who do this (it is unprofessional to retaliate against employees for raising issues, but it is legal). However, everything else, as stated, appears to provide at least some support for the proposition that you are being discriminated against, so you should contact the EEOC, put the information in their hands, and see what they (the agency that enforces the anti-discrimination laws) think.