Posted by Bob on November 28, 1999, at 17:37:01
In reply to Re: THIS MUST BE A JOKE...........:(, posted by Packrat Pete on November 28, 1999, at 5:43:07
> ...If you believe that you have been fired from your job because of your mental disorder, you can sue the company.
Again, there are two paths you can take--within the ADA, or outside of it.
Working within the TItle 1 of the ADA (it's section on discrimination in the workplace) means working by the EEOC's rules. When you file a charge of discrimination with the EEOC, its rules are to try mediation first (if the charge warrants this action, and yours certainly sounds like it does). Mediation *may* not cost you a cent, in that you don't *need* to have a lawyer present to do it. You and an "advocate" face off against your employer and their "advocate" with the EEOC mediating. If there is no mediated settlement, then three things can happen: (1) the EEOC can drop matters right there if further steps are not warranted, or (2) it can issue you a "right to sue" letter, which you need if you're going to take your employer to court under the ADA, and/or (3) it can go after your employer on its own.
In any event, the lawyer I've been speaking with says the ADA is not a good path to take if you want punitive damages ... there are other faster, more lucrative paths (supposing that you win, of course). Also of course, it's just like a lawyer to point out the potentially shorter, more lucrative path. The point is, you have more options than the ADA.
Also keep in mind the caveat raised by others here -- this can get as nasty as mudwrestling in a septic field. If you try to hit them, they will try to hit you and, given what they've already done, I wouldn't expect them to fight fair. I don't mean to scare you off, but you should be prepared and go into it knowing what it may cost as much as what it may gain for you.
Bob
poster:Bob
thread:15628
URL: http://www.dr-bob.org/babble/19991123/msgs/15889.html