AboutShirley McAllister, CPP, PHR Expertise I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state.
If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency.
Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources.
Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).
Experience 25 years in Payroll and Human Resources
Organizations SHRM (Society of Human Resources)
APA (American Payroll Association)
DOLEA (Department of Labor Employers Association)
Education/Credentials PHR Certification in Human Resources
CPP Certification in Payroll in U.S.
Payroll Administrator and Payroll Supervisor certification in Canada
Question ok so i started my job in January of 09! i informed them as soon as i started i have anxiety and i take medication for it. they were fine with the situation. around march i began taking birth control and around the same time my anxiety got really bad. i informed them of this situation and i told them how i was feeling. i didn't think any of it was as serious as it was otherwise i would have taken more caution.
i woke up one morning feeling dizzy, unbalanced, and lost. i got myself to work and still was not feeling well. this was at 7 a.m. well then the owner himself came in and asked me how i was doing i told him, "not so well i feel sick." his response was, "well maybe if you work harder you will feel better". he is not the joking type and is very rude and in my opinion i believe he was being very serious. then i started feeling very faint and went to restroom. i tried to rinse my face with cold water even vomited to see if anything would make me feel better. i took my medication exactly as i was told to and nothing was helping so about 10 after my medication i went into the restroom again but this time i past out on the floor and they had to call the ambulance. (this was around 9a.m.)they took me took the hospital checked everything. i asked them if it could be from the combination of medication but they said no and the only thing they could come up with was that during the time i was feeling faint something had slowed my blood flow to my heart. i explained all of this to my work gave them doctors notes and everything. they were fine with it and asked me if i was okay. for the next week or so they often asked me how i was feeling. for the most part i was fine but there was one day that i was having really bad chest pains which scared them so she sent me home. i was still having really bad anxiety but i was doing my best and never called in from work and explained that i was still feeling anxious but i was really trying my best. they explained to me that it was fine i was doing good. well 2 months had already past and there was 2 days that i wasn't feeling good with the anxiety again. the first day i stayed the whole day but made sure to inform them as soon as i got there how i was feeling i took my regular routine breaks and was still able to work like normal. the 2nd day i was not so lucky. once again i discussed how i was feeling with my managers and she said okay. then i informed her later that i had already taken my medication and was feeling dizzy and she said ok go ahead for my morning break. i told her thank you for understanding everything and being flexible with me and that i was trying to figure out what was going on and going to the doctors and everything and she just replied, "ok". so i was sitting in the office to be alone and catch my breath to try to get my anxiety under control. i was in there maybe 5 minutes and next thing i know my manager and another manager (who was not in charge of me nor my department)came in and said they needed me to sign this paper and that they no longer needed me. this made my anxiety rocket i started breathing so hard to the point where i couldn't anymore and was spitting up and everything. the lady who was NOT my manager starting telling me i need to sign this paper NOW and to take my apron off keep in mind I'm in the middle of an extreme anxiety attack. i didnt even know that the papers were for. then she told me in these exact words, "Heather I'm not calling the ambulance if that is what you think!" the anxiety just kept getting worse but this was different since i was so scared and anxious i began to get angry and started to cry and and i went to leave and pushed the door open and it cracked a little. i didn't know i even broke it until the lady that is not my manager shouted out she broke the door call the POLICE. fortunately for me there was already a random one just driving by outside. as i was walking out i fell on the ground and the police officer seen me and stopped and asked what was going on and if i was okay and a pedestrian was asking the same thing and his exact words were, "is she having some kind of anxiety attack or something?" so it was very clear what was going on and the police officer called the ambulance for me and then the other police came for the broken door. i don't know if i have a case against these people because I'm only 18 and don't know anything about stuff like this and no lawyer will give me the time of day to even hear out my situation. this just happened around june 20th.
Answer I am suprised that you could not find an attorney that would give you a free consultation as there are many out there that will. I think there is an ADA issue here and possible FMLA issue.
My suggestion would be to contact the Department of Labor in the EEOC section and talk to someone about the ADA (Americans with Disability Act ) and mental disability. It seems to me that the anxiety attacks would put you in a disability category and the company should have accomodated you with time off needed for the disability. In the very least they should have given you FMLA time off to deal with the condition and to get it under control in which case your job is held for 12 weeks. You especially have proof of the illness with the medical emergencies and the doctor visits to prove that you have a disability with the anxiety attacks. The law has changed under the Obama administration to include in the Disability Act any function that impairs a life function. I would definately check with the Department of Labor on the ADA and I would try and find a lawyer that would give you a free consultation and maybe take the case on contingency. This means that he does not get paid until you get a settlement and he takes his money from the settlement.
I don't know if you signed the papers they wanted you to sign, but if you did it was done under duress and they would not be legal if done under duress.
You do definately need an attorney. Please let me know in which city and state you work and perhaps I can find someone to help you.
