demotion due to medical leave and absences

i wanted to inquire as to whether or not i should obtain an attorney. i hold a supervisor position at a major retail corporation and have had several health problems this year. i am a breast cancer survivor of five years and had a couple complications due to my former illness, found fluid on my heart, and developed a panic disorder (post traumatic stress disorder) along with a diagnosis of depression. a major stress factor was not my job, but some of the people at my workplace. anyways... i was disciplined for unapproved absences and was told that the amount of excused absences that i had was unacceptable. furthermore, one of the assistant managers went on to claim that she felt i wasn't mentally healthy enough to hold my position and asked if i wanted to step down. i admitted that i had been physically ill of and on and appologized for my absences, but said that my mental health had been better than it had been since i was a child. (at this time, i had been in psycotherapy for months and had managed to get a hold on my panic attacks and went through hypnotherapy to address some issues from childhood and even adulthood.) just about a week and a half after that i was pulled into the office and demoted due to my absences. what can i do?

1 answer  |  asked Nov 14, 2003 2:17 PM [EST]  |  applies to West Virginia

Answers (1)

walt auvil
no easy answer

the complex of issues presented by your fact situation has no easy, simple answer. there are a variety of state and federal laws which might protect you - with varying degrees of success - from adverse treatment. in general, west virginia law protects against discrimination based upon handicap, or perception of handicap. it also requires reasonable accommodation of handicaps. on the other hand, employers are generally permitted to expect and get regular attendance at work from employees. these cases can turn on many very specific facts which you would need to explore very carefully with counsel before deciding what, if any, legal action to take.

walt auvil
the employment law center, pllc
1208 market street
parkersburg, wv 26101
phone: 304-485-3058
fax: 304-485-6344
auvil@theemploymentlawcenter.com

posted by walt auvil  |  Nov 16, 2003 10:59 AM [EST]

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