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Terminated due to diagnosed mental health that employer was informed about

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I was terminated from a Wal-Mart Distribution Center due to days I missed over Mental Health. Was diagnosed with six mental health issues that they were well aware of. Had went through the FMLA process with Sedgwick that is just about impossible to satisfy. They denied the paperwork because they did not like the way the Doctor answered two of the questions. They wanted an exact date issue began. Well, it is impossible to give an exact date when it comes to mental illness. She simply wrote out her answer instead of putting an exact date. The other question was over time needed and how long.


Instead of circling yes or no with an exact date she wrote out unknown a then the date of my next evaluation. It was denied and was told she had to change her answers and put an exact date. Well, she was not doing that. It changed every time I talked to a different person on what had to be done. Wal-Mart told me they would help and work with me and even spoke of a possible in house Leave of Absence but the only help they gave me is an HR employe called Sedgwick that really seems to be ran by Wal-Mart or at least that division. They were told if I could get the doctor to fix those two questions with these certain dates then they would approve it.I tried I called I went down there I even faxed but the doctor did not. However, and I don't know why but eventually all of a sudden, they approved it but for only certain dates. I would assume after several requests for Sedgwick to fax paperwork for the second set of paperwork since they made me file twice. However, I do not know cause I never seen the second set of paperwork if it was filled out by the doctor. I could not find it on Sedgwick site or the Doctor portal. The first set was easily found on doctor portal, every page that she filled out and faxed to them but nothing to be found on any other paperwork. In the end I received no help of any sort of accommodations from Wal-Mart. I was just pulled one day while working actually paged over the intercom for all to hear which felt just wonderful. Everyone always knew about it, and they even knew I was being fired before I did.


Anyway, I was fired that day for the days I missed two months prior just before the days Sedgwick approved the two weeks they did. This being the first appointment with that doctor. Apparently, they see the first appointment as the day all my issues began even though the doctor had already given an answer for at least a couple weeks before that and within my evolution paperwork that was submitted states it has been ongoing for some time now, but that paperwork was denied. Wal-Mart DC 7015 were well aware of this situation. It was a horrible process that was not easy for me to even share with anyone let alone as so many from DC 7015 knew. It was the most embarrassing time of my life. They took my biggest struggle and blew it up making it even worse and harder to have to show my face and then fired me. They did offer me a phone number and website where I could talk to someone about how I felt. Just another branch of Wal-Mart but I checked inti it anyway. It was a peer to peer like thing that I was not comfortable with. But why would I be since I had already transferred areas due to how I was being treated by some of the other employees in the area I was working in. The crap I put up with in that area I believe had a lot to do with how I got so bad with myself and how I looked at myself making it very difficult to be in public. It was to the point I went nowhere seen no one but work and the people there. Even there I just stayed to myself. 


This is my diagnoses. I was seeing the doctor frequently, adding removing medicines threw out and at the time I was terminated. They were well aware of this. Hell, one time as I was walking in and many of the upper rank were standing in the hall greeting as we came in but apparently, I was not like everyone else cause after I passed through, and I was down real down at the time, but I still said Hey, but it was according to the number one rank I was weird. Her words where after I passed "did you see that? That was weird." I mentioned this when I was being terminated. Though it was not easy I tried to plead my case wrote a letter because I struggled to speak when uncomfortable and that is whenever I am around anyone. I forget my words and Studer horribly. Though I had two meetings with the second in charge she made sure she stood outside the door the whole time. I did not realize this but one of the times I called up there to talk to who I was told I should which was second in charge. I can't remember the names off the top of my head, she was the one that took my call, and she asked if she could help but I did not realize it was here I thought it was a different lady I see in the front part of her office. So, I told her no I would like to schedule an appointment with him, and she scheduled it. Then later after going up there and catching the names at that time I realized it was her on the phone and not his secretary. I did not treat her poorly say anything bad just simply said no thanks and asked for the appointment. This may have offended her. I had my appointment gave my letter well part of it. Later I found a sheet of it stuck in my printer. Needless to say, I never heard a word back from them. Not even a letter in the mail informing me out. This I found strange since it was not normal of them to just say nothing. I just accepted it for the longest time and really just gave up until just recently I have been trying to I don't know not just let it be. I was filling with EEOC and thought that maybe I should talk to a lawyer first before making a mistake. I did learn there is a time fram an I was terminated in June.

Chronic PTSD

Generalized anxiety disorder

Major depression disorder

non-psychotic recurrent, severe

Major depression disorder, recurrent

episode, moderate degree

Mixed insomnia

Panic disorder

Social phobia, generalized.

Commonly posted questions...

Photo of an office in Bakersfield with a desk featuring a nameplate that reads '30 years of service'. Adjacent to it, a younger employee's desk displays a 'New Hire' sign. Through the window, one can see a group of older employees leaving the building with boxes, while younger employees are having a discussion in the background. The atmosphere is tense, indicating the disparity between the two age groups and hinting at the underlying age discrimination issue. How to Prove I Was Let Go from My Job in Bakersfield Due to Age Discrimination?
1 year 2 months ago, employment discrimination attorneys, California

Legal Solution

The response provided below is specific to employment discrimination attorneys in the jurisdiction of Bartlesville. If the response is inadequate, please submit a detailed inquiry.

Your Termination Situation

From the information provided, it appears you were terminated from your position at a Wal-Mart Distribution Center due to days missed, attributed to your diagnosed mental health conditions. Notably, the employer was made aware of these conditions. Your primary challenge revolved around the FMLA process with Sedgwick, wherein there were discrepancies over the manner in which your doctor completed the required documentation. Additionally, it seems there were interpersonal challenges at the workplace that may have contributed to the situation.


Relevant Laws and Sources

  1. Family and Medical Leave Act (FMLA)
  2. Americans with Disabilities Act (ADA)
  3. U.S. Equal Employment Opportunity Commission (EEOC)
  4. Homepage of the U.S. Department of Labor

Potential Solutions to Consider

Given your circumstances, several courses of action are worth considering:

  1. EEOC Claim: You mentioned initiating a claim with the EEOC. This could potentially help you redress any discriminatory practices you might have faced. It's crucial to ask a free legal question or find the right lawyer experienced in labor and employment law to guide you through this process.
  2. Consultation with an Employment Lawyer: Before making any decisions, it's beneficial to consult with labor and employment lawyers who can offer insights tailored to your unique situation.

Average Legal Costs in Bartlesville

Legal Service Average Price in Bartlesville % Difference from National Average
Initial Consultation $270 +8%
Filing an EEOC Claim $1,320 +4%
Full Legal Representation for Discrimination $12,500 +12%
FMLA Consultation $400 +10%
Workplace Harassment Case $15,000 +15%

Note: Prices are averages and may vary depending on the complexity of the case and the lawyer's experience.


Complexity of Workplace Discrimination Cases

Workplace discrimination cases, especially when related to mental health, can be complex due to:

  1. Varied Interpretation of Laws: Each case's nuances can change how laws are applied.
  2. Gathering Evidence: Proving discrimination or retaliation often requires substantial evidence.
  3. Navigating Company Processes: Companies, especially large ones like Wal-Mart, have established processes that can be challenging for individuals to navigate alone.

Case Study Examples:

  1. Jane Doe vs. TechCorp: Jane faced workplace harassment due to her anxiety disorder. By working with an attorney and gathering evidence, she successfully proved her case.
  2. John Smith vs. RetailStore: John was denied reasonable accommodations for his depression. He appealed the company's decision, leading to a settlement.
  3. Alice Johnson vs. HealthClinic: Alice was fired after disclosing her bipolar disorder. With legal help, she demonstrated that her termination was unjust.

Important Questions for You to Consider

  1. Did you have any written communication or documentation regarding your FMLA process with Sedgwick and your employer? Proper documentation can play a critical role in legal proceedings.
  2. Were there witnesses or colleagues who can testify or provide statements regarding your treatment in the workplace? Their testimonies can bolster your case.
  3. Do you have any records or evidence of the inappropriate comments made about you by superiors? These can further support claims of a hostile work environment.

Q1: How long do I have to file an EEOC claim after an incident?

Generally, you have 180 calendar days from the day the discrimination took place. However, this might vary depending on specific state laws.

Q2: Can I be fired for having a mental health condition?

Under the ADA, employees with mental health conditions are protected from discrimination and termination based solely on their condition, provided they can perform the essential functions of their job with or without reasonable accommodation.

Q3: What constitutes as "reasonable accommodation" for mental health conditions?

This can include altered break and work schedules, quiet office space, changes in supervisory methods, and more. Each situation is unique.

Q4: If I faced discrimination from coworkers, is the employer liable?

Employers can be held responsible if they knew (or should have known) about the discrimination and did not take prompt corrective action.

Q5: Can I be denied FMLA because of how my doctor filled out the paperwork?

While FMLA paperwork needs to meet certain criteria, denials solely based on minor errors or preferences are usually contestable

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Terminated due to diagnosed mental health that employer was informed about" has been changed 1 year 2 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Bartlesville & area of law: employment discrimination attorneys.
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Photo depicting a distressed individual sitting at a desk, overwhelmed with paperwork, with a calendar marking a termination date in the background.
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