Filed EEOC Charge -- Update on My Situation

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Liblady
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20 Mar 2014, 2:14 pm

The Retirement Board of the City of Montgomery were finally apparently convinced of my ASD last week after getting a second official diagnosis from a psychiatrist of their choice. However, they again denied the disability retirement on the basis of my eligibililty after my termination. My lawyer said that I was still eligible, until I had and lost my appeal. Wioth my 180-day filing deadline looming, I filed an EEOC charge on Friday. I went back to my lawyer on Monday (who knew I was going to file with the EEOC on Friday) to be told that the City supposedly had confirmed that Alabama state law wouldn't permit them to grant me retirement after the Mayor had signed off on the termination, but that they had decided to reinstate me long enough to allow me to retire, if I didn't file with the EEOC. Too late, but I expect they would have continued to play with me past the EEOC deadline and then done nothing. I think they knew that the disability retirement was illegal under present circumstances 5 months ago when they first proposed it. My lawyer has told them I am willing to withdraw the EEOC charge once they do what they said they intended to do and grant the disability retirement, so we will see if this lights a fire under them at last. The investigator at the EEOC wasn't terribly impressed with the reasons the City had given me for not providing accommodations, so I think they will live to regret it, if they do not settle.

As if the week wasn't stressful enough, my neighbor across the street hammered on my door Thursday while I was assembling my documentation for my EEOC complaint and was screaming at me that my cats were defecating in her flower beds and climbing on her cars, leaving muddy paw prints and scratching the paint. Amongst a lot of hateful garbage, she threatened to capture my cats and take them to the shelter the next time she caught them on her property. I considered alternatives, such as invisible fencing, but finally decided the only way to deal with it as the 3 prime suspects are untrainable to stay in the house was to turn in the three to the Humane Society. The Humane Society assured me that now before kitten season starts is the best time for them to place adult cats as long as they are friendly, so I took them to the shelter on Tuesday. I still have four wonderful cats (three senior cats and a more tractable young cat), but it still ripped my heart out. Those were my babies. Once I adopt a rescue I mean it to be permanent and now I feel as if I betrayed cats that loved and trusted me. I had been getting to a point recently, where I no longer felt capable of taking care of myself and 7 cats amidst all the mental deterioration I have experienced lately, but somehow it doesn't make me feel much better.



zer0netgain
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21 Mar 2014, 10:25 am

Liblady wrote:
Too late, but I expect they would have continued to play with me past the EEOC deadline and then done nothing. I think they knew that the disability retirement was illegal under present circumstances 5 months ago when they first proposed it. My lawyer has told them I am willing to withdraw the EEOC charge once they do what they said they intended to do and grant the disability retirement, so we will see if this lights a fire under them at last. The investigator at the EEOC wasn't terribly impressed with the reasons the City had given me for not providing accommodations, so I think they will live to regret it, if they do not settle.


Good call.

So many tactics to trick people into waiting until it's too late to use the mechanisms at their disposal.

If you were to withdraw the EEOC complaint, you do it after you have an ironclad settlement signed by the powers that be that give you what you want. Never take back the complaint as a "good faith" negotiation tactic. It's the prize if they do as you ask.



Liblady
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25 Mar 2014, 1:15 pm

Wish me luck. I went to my lawyers office this morning and signed off on an agreement that the City would reinstate me on admin. leave temporarily then grant me disability retirement in exchange for me dropping the EEOC charge. We meet for a hearing before the Personnel Board at 5:00 p.m. at which the agreement will hopefully be affirmed. I think I would have a good chance of prevailing if I moved forward with the EEOC case, but I need to put this behind me. The disability retirement won't be enough to make ends meet, but I can hopefully find some sort of employment, especially if the Department of Vocational Rehabilitation accepts me as a client. It's ridiculous and humiliating having a professional degree and over 20 years work experience and yet not be able to get the most humble employment.



arrose100
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23 Jul 2014, 11:47 pm

I hope your case is going well. It sounds like you've done everything right. That does nothing for the anxiety. Most people feel anxious in an unusual situation, and as aspies it's even worse. However, good people that want to make a difference made laws to protect those against others who would prey upon us. We have to have faith in that process. Anyways, I really hope this is behind you soon and you can sleep well again.

In regards to the cats, I would call your local police station (non emergency line), and ask what her right s are (yes, hers) as a neighbor in regards to animals. See, here's the thing. I don't think she has a leg to stand on. If you just double check that it's legal for cats to "tresspass", walk on cars and pee in her grass (I'm sure it is,btw), then contact then file a harassment report (no big deal, it's a form not a felony, no court or anything), you might also try neighbor dispute, anyways have a policeman drive over and have a chat with her. That will get the neighbor off your case. She has no right to treat anyone like that. police aren't just for catching bad guys. They are also for putting loud mouthed neighbors in their place. She won't go to jail, no fines they'll just chat with her nicely and explain harassment, etc. You are the victim here. They will help you.