Thank you for noting the likelihood of retaliation, people never think of that, but you should trust your gut about the odds that your managers/supervisors are that way. Good advice.
Not sure why filing an EEOC complaint should be feared when they always protect against retaliation as well. As the agency said. Thus sounded like a fearful advice segment
You have the right to file EEOC complaint but you should be aware of the risk of being fired for this. Even though it's illegal, the employer can still choose to do so. If you are ok taking that risk, then that's not an issue, but this needs to be taken into consideration.
@@ArkadyItkin The sad part is that a company feels ok firing someone for filing an EEOC. Because that is clearly illegal. It make you think why is their a law if companies don't fear the law? Seems like the penalilites should be greater to grab the attention of the companies who blantly violate the law.
At some point, an employee should be able to get a hold of a doctor for evaluation and medical paperwork. If it takes longer than usual, that employee should notify the employer that they need more time to provide this type of documentation.
I asked for accommodation and was refused. I had back surgery as a result and am no longer employed by the company. now my back is flaring up again is there anything I can do now? it's been 2 years
So your in Sacramento... so am I. I’m most famous for being the operator of the Scandia Sky Screamer that you can see from the i80 Madison exit. Iv just recently gotten medical restrictions (based on a spinal injury) it did actually happen at work but at that time I wasn’t under the influence of THC. But I’m afraid that I can’t get workers comp because I smoke. Is this true? Can you help me? Am I shit out of luck because I smoke weed?
This is not true. You may only be denied a claim if you're injured while being under the influence of marijuana. If you were not, you may have legitimate claim. We do not do workers comp, but if you would like a referral, please email me directly with the details of your injury and how it occurred arkady@arkadylaw.com
Technically, an employer can choose to do anything. The question is whether it would be lawful. If an employer rescinds a job offer in the middle of the accommodation process, the question is what the actual reason for withdrawing the job offer is. If that reason is independent of the applicant's disability that it would be lawful. If there is evidence that the employer's withdrawal of job offer is discriminatory, then it will be unlawful.
@@nikee0515 They are free to make any business decisions they want including canceling any vacant positions they having, assuming they do it for legitimate, non discriminatory reasons. Whether it's communicated by e-mail or otherwise, with or without signature does not matter.
@@nikee0515 this really depends on all the other surrounding facts and circumstances of the situation. You should consult your local attorney to determine your legal and practical options.
@@rodvan-zeller6360 you are quite welcome. Same applies because it's part of the same disability laws under California FEHA (Fair Employment and Housing Act).
What if I was hired part-time and receive ssdi and my employer still wanted me to work more hours, cause I lost my ssdi benefits recently after I talk to management about how I can only work full-time and no longer have that job are benefits
Thank you for noting the likelihood of retaliation, people never think of that, but you should trust your gut about the odds that your managers/supervisors are that way. Good advice.
What about when your employer and Equal Opportunity Department refuse to even acknowledge receipt or even offer you any accommodation???
I worked at public education, I had agreements with HR department but school admin staff denied my request for reasonable accommodations.
Thank you for your leadership. Please continue to lead us and inspire.
I filed a written complaint and I ended up quitting. I feel they retaliated against the other employee that stayed
Not sure why filing an EEOC complaint should be feared when they always protect against retaliation as well. As the agency said. Thus sounded like a fearful advice segment
You have the right to file EEOC complaint but you should be aware of the risk of being fired for this. Even though it's illegal, the employer can still choose to do so. If you are ok taking that risk, then that's not an issue, but this needs to be taken into consideration.
@@ArkadyItkin The sad part is that a company feels ok firing someone for filing an EEOC. Because that is clearly illegal. It make you think why is their a law if companies don't fear the law? Seems like the penalilites should be greater to grab the attention of the companies who blantly violate the law.
Super helpful!!!
My Employer did not offer or tell me about ADA accomedations until a yr after my injury?
What if a person has a back injury but cannot present medical evidence because their are no doctors available?
At some point, an employee should be able to get a hold of a doctor for evaluation and medical paperwork. If it takes longer than usual, that employee should notify the employer that they need more time to provide this type of documentation.
I am facing a compliance charge by using a platform not authorized by the university. Can the charge be beat? Can you discuss compliance? Thank you.
Refused to hire me at goodwill because I use wheelchair.
….they are following their insurers mandate?
I asked for accommodation and was refused.
I had back surgery as a result and am no longer employed by the company.
now my back is flaring up again
is there anything I can do now? it's been 2 years
So your in Sacramento... so am I. I’m most famous for being the operator of the Scandia Sky Screamer that you can see from the i80 Madison exit. Iv just recently gotten medical restrictions (based on a spinal injury) it did actually happen at work but at that time I wasn’t under the influence of THC. But I’m afraid that I can’t get workers comp because I smoke. Is this true? Can you help me? Am I shit out of luck because I smoke weed?
This is not true. You may only be denied a claim if you're injured while being under the influence of marijuana. If you were not, you may have legitimate claim. We do not do workers comp, but if you would like a referral, please email me directly with the details of your injury and how it occurred arkady@arkadylaw.com
I have a some questions? How can I directli talk with you thanks.
Please email us directly arkady@arkadylaw.com and we will follow up with you.
Can an employer rescind job offer in middle of reasonable accommodation process?
Technically, an employer can choose to do anything. The question is whether it would be lawful. If an employer rescinds a job offer in the middle of the accommodation process, the question is what the actual reason for withdrawing the job offer is. If that reason is independent of the applicant's disability that it would be lawful. If there is evidence that the employer's withdrawal of job offer is discriminatory, then it will be unlawful.
@@ArkadyItkin can they cancel the position sending an email letter without a signature?
@@nikee0515 They are free to make any business decisions they want including canceling any vacant positions they having, assuming they do it for legitimate, non discriminatory reasons. Whether it's communicated by e-mail or otherwise, with or without signature does not matter.
@@ArkadyItkin can they cancel a position in which they hire other candidates and just for me it was canceled?
@@nikee0515 this really depends on all the other surrounding facts and circumstances of the situation. You should consult your local attorney to determine your legal and practical options.
Does number of employees matter?
Yes. The duty to accommodate only applies to employers who employ five or more employees.
@@ArkadyItkin Thank you for answering , one more question if you don,t mind, same for the interactive process?
@@rodvan-zeller6360 you are quite welcome. Same applies because it's part of the same disability laws under California FEHA (Fair Employment and Housing Act).
@@ArkadyItkin My understanding is that the only thing that applies
under 5 employees is the harassment for a disability.
What if I was hired part-time and receive ssdi and my employer still wanted me to work more hours, cause I lost my ssdi benefits recently after I talk to management about how I can only work full-time and no longer have that job are benefits