To preface, I've documented everything my employer has been doing over the past 1+ years in response to my illnesses and absence.
I have a documented disability -- several actually-- and as a result I am absent frequently due to illness. I have documentation every time. My year end performance review was positive. My stats are regularly top of the team.
I am currently receiving disciplinary action for being absent and being moved off of my team to an "problematic outlier" team due to the amount of time I've been sick. I was sick for almost two months straight and yet I only missed 4 scheduled shifts. I work when I'm sick so much. I always use my sick/vacation time when able. I am available for make up time so that my team's attendance rate isnt impacted and yet they never have any for me to take. I have been admonished for working when seriously ill, and then constantly penalized when I DO call in. My manager accused me today of not having documentation for my last call in, when I can see it in my sent emails. And yet they're claiming it isn't there and I have no idea how to prove it because my manager doesn't have a direct email that's accessible outside of my work computer so all I have is the HR department to go through.
My manager literally said I was "giving her rude energy" when I politely told her that I had sent documentation and disagreed with her about it. I cannot push back on anything or I'm treated like this. I'm only allowed to take 7 minutes of time away from my desk outside of scheduled breaks or I am penalized. I use the bathroom ON CALLS sometimes because I literally can't hold it. I work 11 hour shifts.
I'm miserable. I have crippling anxiety and am terrified to go to work every day because I just get torn into. There are no jobs I can find, remote or otherwise, that will pay me a livable wage. Disability where I live only pays 1200 a month, that's my rent cost. I have no savings because I miss work and pay as a result. I'm drowning here.
My employer is out of a different province than the one I'm in. Is there somewhere I can go about this? Would it be through my province or theirs? Is this legal? I am so completely exhausted.
I have no idea what to do and I look for other work every single day. I seriously want to die. Every day. Every single day I work for this company I want my life to end. I feel like I will never be anything. That there is no employer that will see me as valuable because I can't be there all the time, even if the quality of my work is impeccable.
Main Legal Issues:
Discrimination based on disability
Hostile work environment
Potential violations of employment laws
Questions Answered:
It appears that your employer may be discriminating against you based on your documented disabilities, which is illegal under the Americans with Disabilities Act (ADA) in the United States. The hostile work environment you are experiencing due to your absences and health issues could also be a violation of employment laws. You may have legal recourse against your employer for these actions.
Given that you are in a different province from your employer, the legal jurisdiction for addressing these issues would depend on where you are located. It is advisable to seek legal counsel in your province to understand the specific laws and regulations that apply to your situation.
It is crucial to document all instances of discrimination, hostile behavior, and any communication with your employer regarding your disabilities and absences. This documentation will be essential if you decide to pursue legal action against your employer.
Potential Strategies:
Consult with an employment lawyer: A legal professional specializing in employment law can assess your situation, advise you on your rights, and guide you on the best course of action to address the discrimination and hostile work environment.
File a complaint with the appropriate labor board: If you believe your employer is violating employment laws, you can file a complaint with the labor board in your province to investigate the situation and potentially take action against your employer.
Consider seeking reasonable accommodations: Under the ADA, employers are required to provide reasonable accommodations for employees with disabilities. You may want to explore options for accommodations that could help you manage your health issues while continuing to work effectively.
Things to Discuss with a Lawyer:
Legal options and potential claims: A lawyer can help you understand the legal options available to you, including potential claims for discrimination, hostile work environment, or violations of employment laws.
Documentation and evidence: Discuss with your lawyer the importance of maintaining detailed documentation of all interactions with your employer, including emails, performance reviews, and any disciplinary actions taken against you.
Potential outcomes and next steps: Understand from your lawyer the potential outcomes of pursuing legal action against your employer and the steps involved in seeking resolution for the discrimination and hostile work environment you are facing.
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