I was told today through a non-work telephone call that I am being investigated for call avoidance. I am an admissions

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Customer: I was told today through a non-work telephone call that I am being investigated for call avoidance. I am an admissions representative. I was also recently out for 2 1/2 weeks unexpectedly with acute illness and symptoms related to my genetic Primary Immunodeficiency which my manager and HR are aware of now. I need counsel on how to proceed.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No
JA: Are you an "at will" employee? Do you belong to a union?
Customer: at will
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I do not doubt that they will easily be able to prove some sort of call avoidance or misconduct as I’m sure they are adept at doing so. I have a documented diagnosis and it is considered a disability. I have missed more work than the “normal” employee due to illness from my PI. my performance is lower than “normal” employees there. The job is not a good fit for me but they are actively coming after me and contacting me with questions on my personal cell phone and not through work recorded line or email.
Answered by Stephen L in 2 mins 2 months ago
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Stephen L
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Stephen L, Expert

Hello, welcome to JustAnswer! My name is***** will be the expert helping you today. I have been practicing law for 25 years in the Federal and State courts.

JustAnswer is the preeminent online service for information regarding your legal issues.

I am sorry you are dealing with this problem and I will try to help you.

Right now, I am in the process of reviewing your question. My goal is to provide you with a complete answer and be available for any follow up questions.

Please give me a few minutes to prepare an answer to your question and I will get back to you shortly.

Customer
Hello?
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Stephen L, Expert

I am here but I am handling more than one question at a time. If there is an open question I will get to it. I ask you to please be patient.

Please give me a moment to review your question.

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Stephen L, Expert

Is your claim that they are punishing you for being ill? Or that you are not able to do your job because you are ill?

Customer
I understand. However, my manager is continuing to ask me questions through my personal cell phone by text (which I am not answering) and my question is do I contact HR stating anything about being contacted on my personal cell phone and told I am under investigation, keep quiet and quit, keep quiet and wait to be fired? I'm so distressed I can't even log back into work bc they are asking me questions and trying to build a case against me.
Customer
I am able to do my job. But since being back from a 2 1/2 week illness apparently they have been looking for anything they think looks like a reason to fire me.
Customer
I'm really asking what to do this very minute.
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Stephen L, Expert

I cannot tell you what to do, but I can tell you that your employer cannot discriminate against you if you are able to perform your job, but with a reasonable accommodation.

The Americans with Disabilities Act obligates your employer to accommodate your disability where a reasonable accommodation would meet your needs and allow you to do your work. It does not mean that your employer must keep you employed if no reasonable accommodation exists which will allow you to do your job, or alternatively if they offer an alternative job of equal position and pay that will not be hampered by your disability.

If you believe that you are being discriminated against, the first step would be to ask for a review of your situation with an HR representative, or if your company does not have one, with your supervisor. If, after making your complaint, your reasonable accommodation request is not satisfied, you can file a complaint with EEOC (information is available online at eeoc.gov). which means that employers may hire, fire or change employment arrangements as needed, provided they meet legal parameters. That is, they cannot discriminate based on race, religion, nationality, sex or age or due to a disability of the employee without providing reasonable accommodations. Nor can they pay below proscribed law (Minimum wage), but other than these restrictions, employers may change or terminate work assignments as they deem necessary. If they do terminate you, on the basis of your not accepting the changes, it would be considered constructive termination, and so long as there was no "cause" for your termination - a violation of law or otherwise "bad act," you would be entitled to unemployment insurance.

It may also benefit to hire an attorney who specializes in Employment law. An attorney will guide you through the process and it will also make the EEOC and your employer take the complaint more seriously.

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Stephen L, Expert

I hope that I was able to answer all of your questions and concerns. Is there any part of my response about which you need clarification or further information?

Customer
I see that they are building a case against me. I do not wish to continue working under this kind of condition bc it's detrimental to my physical health.It has to be illegal for them to be contacting me and asking me questions that if I answer May be used against me in some way unbeknownst to me.
Customer
I feel like this is a generic answer you gave and not helpful.
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Stephen L, Expert

It is not illegal for them to ask questions, but if it is health related you only need to respond to the degree that is about your job and your ability to do it.

Customer
We have recorded phone lines at work so why wouldn't my manager just ask me over that phone? It is not a health related question-he's asking me who I spoke with at a certain day and time bc for some reason none of the hour i was on that call was recorded even though every incoming and outgoing call is recorded.I feel like they are targeting me and looking for anything they can.
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Stephen L, Expert

I don't have an answer for you, and it is possible that they are.  I don't know the culture of your company but that is a better question mote suited for your manager.  If you do not want to cooperate, you do not have to do so.

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