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Ghosted By Employer For Reasonable Accommodation Request

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Hi, I’m hoping for some advice/insight here please.

I work(ed) for a small start-up beverage development company in the greater Los Angeles area. We had about 12 employees on-site (project managers, formulators, batchers) and there are other employees like sales and graphic designers who work remotely but less than the 50 required to take FMLA.

I have severe chronic TMJ issues that have been causing me constant pain for months, so working in-person five days a week was becoming challenging for me. 75-85% of my job is paperwork and sitting at a desk, so I asked if I could have a laptop with access to the company share drive so I could work from home at least one day a week to give my jaw a rest. The person who had my job before me was able to work from home several days a week and lists the job as Hybrid on his LinkedIn profile. Another current employee also works from home 3-4 days a week. Neither of these people to my knowledge have a disability; I think it was so they could stay home with their kids. Anyway, my point is that the job CAN be done in a hybrid format.

My work did agree to getting me a laptop after I had been missing some work and subsequently disclosed my disability to them. They promised it was coming for months. The owner even told me the physical laptop itself had arrived, but they kept putting off getting the share drive info onto it to give to me. This bait and switch went on for two months. I got a note from my doctor requesting reasonable accommodation. I do know they have enough employees to have to honor ADA regulations.

So, about a month ago my jaw finally gave in and just snapped. I’ve been in excruciating pain ever since and had to call off sick for a week, then I tried to go back but after consecutive days of having to speak and interact in person the pain was just too much to manage and be productive at the same time. I called in sick for another week (I’m on muscle relaxants where I’m not supposed to drive while using) and wrote one final letter requesting the reasonable disability accommodation. They completely ignored me. No response, no word from anyone. I just got a LinkedIn message from one of my clients saying he was “sad to hear I no longer work there.” That was my only indication that I’m…fired, I guess?

What should be my next steps? I feel like they are in violation of the ADA and I have legal recourse. I never formally quit; I was waiting to hear their response about accommodations. Can anyone here please give me any guidance? I would greatly appreciate it, thank you so much.

submitted by /u/PrimoGemelli
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