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Lawyer up. File an EEOC allegation. You have to be proactive on both. I've been through this a number of times and every single time the employers have done a 180 as soon as the first cease and desist letter showed up.
HR will not listen to you. You have to put teeth into the allegation.
One more thing that helps at a higher disability rating is to remind your employer that you can live off your VA compensation alone.
Okay gotcha!
Even though time has passed, you can always address it as I needed some time to think about our last conversation and now I’m ready to continue that conversation. Are you going to have that conversation with your manager or are you going to have that conversation with HR? Keeping in mind HR is only there to protect the company however they may be in a bit of risk because this is adjacent to your protected disability. I would definitely dig into it because if it’s part of your disability and they’re counseling you for that whether that’s attendance whateveryou may also want to contact a employment lawyer.
I agree with this. HR will close ranks if they feel like the manager can get away with whatever it is. If they let the manager go or whatever, it shows that they’re admitting fault (via manager) and they cannot risk a lawsuit.
If you’re claiming that you’re being discriminated against because of a protected disability that still allows you to perform the functions of the role with an approved reasonable accommodation, then you should definitely talk with an employment lawyer. You definitely don’t want to learn the ins and outs of employment law from your employer.
Document it. Talk to an attorney.
My manager used something adjacent to this for my performance review.
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