I was hoping possibly someone may know the protection one has under ADA and FMLA. After reading the posted information on the EEOC website I believe my company did not give me requested accomadations with in the guidlines of ADA. Here is my story I need advice from anyone who can help. Thanks, ahead for reading my post, and I hope none of you have to go through this with your employer:
I have a question in regards to FLMA/ADA discrimination. At the end of August last year I needed to take intermittent FMLA due to my son being hospitalized due to anxiety, and depression caused by him transition to high school. He is disabled and suffers from mental illness and autism. The organization granted me FMLA, however there was no reduction in my work load due to my need to take time off. At the end of the year they cited me for not completing one of my goals to fully train another staff member, and I was rated a low value performer. I was also told I was being placed on a PIP at the time of my review in February of this year. I was still on FMLA. I also was changed from a salary employee to an hourly employee. My job title also was changed and I no longer had anyone reporting to me. They also removed my work from home option I was allowed a few days a month in October 2012.
I asked for them to reinstate that accommodation because I needed that option to be able to take my son to doctor appointments without having to miss a 1/2 days work. I work an hour from the office and would have to leave at 1 to make a 4 appointment that was 45 minutest from my home. They refused to continue to make this accommodation for me, and did not give me a reason as to why it was denied. The accommodation was reasonable, since I work a job that I have very little interaction with others and is primarily working on spreadsheets. This privilege is given to many others at the company as well. When I was placed on a 90 day PIP I was scared to take any time off under FMLA due to being able to not accomplish the PIP. I did pass the PIP, but they had a stipulation that if I had any performance issues in the next two years I would be terminated. At the end of July the other person that worked in my department went on maternity leave. I was provided with someone to help only part-time, and was allowed no overtime unless it was requested by my supervisor. I was fired a few days ago for errors on a regulatory report that I did not complete, but only reviewed. The only error I made was to fail to catch the errors the other person made. No action was taken on the person who completed the report. I was offered a modest severance package to waive my right to litigate. After reading the ADA law I believe they did not make appropriate accommodations to allow me to care for my disabled son by not allowing me to work from home or offer another alternative. Should I file a complaint with the EEOC or take the severance? I was so scared to take anytime off, so I neglected to take my son to needed doctor appointments and evaluations. I have gone on medication for extreme anxiety and depression. I am a single mother with no close relatives that I could ask for help, which my employer was aware of.