Female With Fibromyalgia Turns Resignation Into Severance

We represented an employee (“Client”) against a New York manufacturing company (“Company”).  Client was an advertising manager that had been diagnosed with fibromyalgia.

She made reasonable accommodation requests but Company engaged in an insufficient interactive process, failing to consider accommodations that would be most important to her success at Company.  Shortly thereafter, management engaged in a pattern of harassment, including gender discrimination and violations of HIPAA and other state laws concerning disclosure of sensitive medical information.   In light of such hostility, and because of a desire to preserve her professional dignity, Client resigned.

Less than two months after retention, we turned her resignation into an offer for continued payroll and health insurance for a quarter, additional severance for emotional distress damages, attorney’s fees, positive reference, and non-contest of unemployment insurance.

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