Who should I suggest he talk to about being let go?
December 14, 2011 12:56 PM Subscribe
Recommendations for an acquaintance who was previously let go from a job under possibly discriminatory circumstances?
Asking for someone I know and for the sake of my own curiosity. Someone I was talking to recently told me about how he was let go from his company after absences when they denied his medical leave request (I think under FMLA). He says he has everything documented and that the company has a history of this sort of thing, but none of the local attorneys were willing to take on the company because they're huge. This could arguably be a disability case (not for the company, just potentially discriminating against someone who has one) but I'm not sure of all the details.
I was just wondering if there are organizations that are willing to talk to him about this sort of thing and see if maybe he has enough of a case to go forward. He said free legal aid didn't work out because at the time he and his wife made too much. I don't know the status of their finances now. I'm honestly surprised that no one would take the case, and I figure there has to be some sort of organization out there dedicated to helping people in this position. For local resources, this is in Northern Virginia.
Asking for someone I know and for the sake of my own curiosity. Someone I was talking to recently told me about how he was let go from his company after absences when they denied his medical leave request (I think under FMLA). He says he has everything documented and that the company has a history of this sort of thing, but none of the local attorneys were willing to take on the company because they're huge. This could arguably be a disability case (not for the company, just potentially discriminating against someone who has one) but I'm not sure of all the details.
I was just wondering if there are organizations that are willing to talk to him about this sort of thing and see if maybe he has enough of a case to go forward. He said free legal aid didn't work out because at the time he and his wife made too much. I don't know the status of their finances now. I'm honestly surprised that no one would take the case, and I figure there has to be some sort of organization out there dedicated to helping people in this position. For local resources, this is in Northern Virginia.
Best answer: You didn't mention a county but usually the county human rights division is the right place to start for these types of things. They'll do the investigation, much like the EEOC. EEOC is good as well since it's a large employer. If it's Fairfax you can try this link.
posted by iamscott at 1:08 PM on December 14, 2011
posted by iamscott at 1:08 PM on December 14, 2011
Best answer: The EEOC may be able to refer you to resources, but they will not be able to actually take a report on the case because FMLA retaliation is not within their jurisdiction.
The EEOC's website says that the U.S. Department of Labor (contact info) enforces the FMLA, which prohibits discrimination on the basis of filing a claim for FMLA.
There is probably an equivalent state department of labor, they might also be able to help.
posted by slmorri at 1:12 PM on December 14, 2011
The EEOC's website says that the U.S. Department of Labor (contact info) enforces the FMLA, which prohibits discrimination on the basis of filing a claim for FMLA.
There is probably an equivalent state department of labor, they might also be able to help.
posted by slmorri at 1:12 PM on December 14, 2011
Best answer: For a potential disability issue under the Americans with Disabilities Act, he could contact the EEOC. It appears that Northern Virginia falls under the EEOC's Washington, D.C. field office:
slmorri is correct that the DOL's Wage & Hour Division investigates and enforces the FMLA. It looks like Northern Virginia is under the Baltimore District Office:
posted by pardonyou? at 1:28 PM on December 14, 2011 [2 favorites]
131 M Street, NE
Fourth Floor, Suite 4NWO2F
Washington, DC 20507-0100
Phone: 1-800-669-4000
Fax: 202-419-0740
slmorri is correct that the DOL's Wage & Hour Division investigates and enforces the FMLA. It looks like Northern Virginia is under the Baltimore District Office:
Appraisers Stores BuildingWith that said, if his claim really has merit, he shouldn't have a problem finding an attorney. The claim that the employer is "too big" to take on rings false to me -- plaintiffs attorneys love nothing more than deep pockets.
103 South Gay Street, Room 207
Baltimore, MD 21202-4061
Phone: (410) 962-6211
1-866-4-USWAGE
posted by pardonyou? at 1:28 PM on December 14, 2011 [2 favorites]
The claim that the employer is "too big" to take on rings false to me -- plaintiffs attorneys love nothing more than deep pockets.
Yes, 100% agree with this. As a former plaintiffs' lawyer I can personally verify that we very much liked to be opposite a "huge" company. I will also say that FMLA is extremely complex, and is not as air-tight as people think. So it's possible that your friend just has a bad case. The only way to tell for sure is to go to a plaintiffs' lawyer.
posted by yarly at 2:46 PM on December 14, 2011
Yes, 100% agree with this. As a former plaintiffs' lawyer I can personally verify that we very much liked to be opposite a "huge" company. I will also say that FMLA is extremely complex, and is not as air-tight as people think. So it's possible that your friend just has a bad case. The only way to tell for sure is to go to a plaintiffs' lawyer.
posted by yarly at 2:46 PM on December 14, 2011
The EEOC may be able to refer you to resources, but they will not be able to actually take a report on the case because FMLA retaliation is not within their jurisdiction.
Often times an FMLA case is intertwined with an ADA case. We would usually try to plead them alternatively if at all possible.
posted by yarly at 2:48 PM on December 14, 2011
Often times an FMLA case is intertwined with an ADA case. We would usually try to plead them alternatively if at all possible.
posted by yarly at 2:48 PM on December 14, 2011
(Also there may be relevant state & local laws. The only way the friend can really know is to consult a lawyer, of course ... )
posted by yarly at 2:48 PM on December 14, 2011
posted by yarly at 2:48 PM on December 14, 2011
That's fair, I didn't think about the ADA possibilities. Good point.
posted by slmorri at 4:45 PM on December 14, 2011
posted by slmorri at 4:45 PM on December 14, 2011
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posted by prefpara at 1:01 PM on December 14, 2011