How do I go about getting proof that my company declined accommodation?
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How do I go about getting proof that my company declined accommodation?
I have an underlying health issue. I had surgery on my backabout 15 months ago during the time of employment at a daycare. I am a lead teacher for the young toddler room which requires me to lift children 35 lbs atleast 4 times a day each child. My back problems have flared again. This month I asked my employer for accommodation with my back problems and they declinded. I am currently searching for new employment. But if I can not find new employment within my 30 day notice I would like to apply for unemployment. Utimately I need proof that I asked for accommodation and the company declined to receive unemployment.
Asked on September 13, 2012 under Employment Labor Law, Georgia
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You have a couple of different options depending on the policies and procedures of your employer. First is to hand-deliver and have a cover letter where someone with the HR department signs for it. Second option, hand-deliver the request, but take a witness. Third, send the request certified mail with a return receipt requested, so that you will have additional proof they received it. It's always good to send a regular and certified letter close in time to each other to prove that they got one, but were avoiding the other. Fourth, follow-up with an email to see if they have received your written request to any of the above options. A fifth option depends on your employer-- but you definetly need to check and see if your employer has a formal form that they require. An ADA request can be kicked out for failure to follow their administrative procedures. So... read the employer/employee handbook, read any notices in the breakroom about ADA or workplace injuries, and ask HR if there is a special form you need to use to submit your request. Document who you asked, what they told, and when they told you.
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