Drafting Eeoc Complaint Guide
Summary
To draft an EEOC complaint, include your personal and employer information, specify the discrimination type, and describe the incidents with dates and details. Explain how the discrimination affected your employment and state the resolution you seek. For legal drafting, ensure clarity and completeness in your account. If you believe your termination was retaliatory, as in the case of a workers compensation claim, detail the timeline and events leading to your termination. Consider consulting with a legal professional for personalized advice and to ensure your complaint is comprehensive and accurate.Full Conversation
make this letting to morgan and morgan for a case evualion sound like lawyer would have written it include that we know they fired me just now only because of workers comp. I was way over the * points in novemeber but they just now decided to fire me when I have * weeks left before I can go back to work that's odd. I was good at my job and everything .
I am writing to provide a detailed account of the incidents leading up to my current situation with my employer, Hytrol, and the gross mistreatment I have faced regarding my workplace injury. I would greatly appreciate your assistance in addressing what I believe to be a severe case of potential retaliation, negligence, intimidation, and mishandling of my claim. Below is a comprehensive summary of the timeline and critical events.
On August *, *, I had an incident in the pool where my knee buckled, and I could not walk for about an hour, maybe two. I went to urgent care at Nea Baptist, where they ordered a ct scan which came back saying a screw in my leg from a previous ACL surgery on October 12th had come loose. I had finished physical therapy and extensive one to get back into playing collegiate sports, hopefully in the future. So, when this injury occurred, I got an appointment with Dr. Wallace, my orthopedic surgeon, who I trust entirely due to his expertise and excellent physician; he did amazing on my surgery, and his bedside manner is nothing short of amazing. Dr. Wallace saw me immediately on August 5th and reviewed the scans. He performed his physical examination and said I had limited motion had a limited, but it would improve. He said he could go in and take it out throughout the outpatient surgery. That was the only issue with my knee; it was nothing major.
Starting Work at Hytrol and Initial Incident
On August *, I began working at Hytrol. Things were perfect until October *, when I suffered another incident at work. While operating a pallet jack, I accidentally hit the back of my right leg, causing my knee to twist, pop, and painfully lock up. The pain was sharp and debilitating, and I immediately knew something was very wrong. I reported the incident to my team leader, Gregory Hundy, who promptly came over to check on me. Two coworkers, Cade Hill and AJ, witnessed the event and explained what had happened to Gregory. Gregory notified our supervisor, John Broyles, who transported me to my father's truck and advised me to visit Hytrol's medical clinic once it opened. My wife had to drive me to the clinic, as I was in too much pain to drive myself.
Medical Clinic Visit and Dismissive Response
At the Hytrol medical clinic, I was seen by RN Terri Campbell. I clearly explained the nature of the injury, emphasizing that my knee had twisted and locked after being struck by the pallet jack and that I had a previous ACL surgery with a loose screw. Despite the severity of my condition, Terri did not properly examine my knee. Instead, she remained seated at her desk, asking me to roll up my pant leg while she glanced at my knee from afar. There was no physical examination, no palpation, and no attempt to assess the extent of the injury beyond a brief visual inspection. Her demeanor was dismissive, and she seemed disinterested in my explanation. She simply stated, "Well, yeah, it looks swollen, and you strained it too." I was surprised by her lack of concern, and I expressed that I believed it was more than just a strain due to the intense pain I was experiencing.
Terri instructed me to take * mg of ibuprofen daily, emphasizing that I should take four * mg pills each day. She stated, "I know you're not stupid, but just to be clear, since each pill is * mg, you need to take four of them a day." She mentioned that she wanted to do an X-ray, but even then, she remarked that it would likely be pointless since it wouldn't show the screw and it was clear I hadn't broken any bones. Despite my reservations, I complied and got the X-ray done. I also informed her that I had an appointment with Dr. Wallace immediately after this visit. Still, she dismissed my intention to see him, stating that Hytrol's workers' compensation would not cover it, as their protocol was to begin with conservative treatment. I felt as though she was actively discouraging me from seeking proper medical care.
Appointment with Dr. Wallace and Escalation
At my appointment, Dr. Wallace reviewed the X-rays, performed his examination, and stated my symptoms that the work-related incident had probably exacerbated my condition, making surgery necessary. He explained that the impact from the pallet jack likely had worsened the situation with the loose screw, and we scheduled surgery for October *. My insurance did not approve of the surgery so soon, and it had to be planned for November 7th. I informed the clinic of this development, but Terri seemed skeptical. She called me on or about October * and questioned whether the pallet jack incident could have caused such an escalation. Her tone was condescending, and she implied that I was exaggerating or fabricating the severity of my injury. I felt belittled and as though my credibility was being attacked. It was clear that she did not take my injury seriously, nor did she respect my attempts to follow the proper medical channels.
Clinic's Denial and Intimidation
On or about October *, my knee locked again while I was moving a conveyor belt at work. The pain was unbearable, and I knew I needed immediate medical attention. I contacted Dr. Wallace's office, and after discussing my symptoms, he decided that the surgery must be expedited. I returned to the Hytrol clinic to discuss getting workers' compensation approval for the surgery, but instead of receiving support, I was met with hostility.
Terri Campbell was accompanied by two HR representatives when I arrived. Their presence was not for any medical reason but rather to intimidate me. Terri accused me of being dishonest and even went as far as saying that I was committing fraud by attempting to link my injury to a work-related incident. She aggressively asserted that since the screw was already loose before the pallet jack incident, Hytrol was not responsible for the injury. She said this in a manner that was accusatory and dismissive, making it clear that she believed I was trying to exploit the system. The HR representatives said nothing during this exchange; they were there to back her up and pressure me into dropping the claim.
I was devastated by this treatment. I had been honest and transparent about my medical history from the beginning, and to be accused of fraud was both humiliating and deeply upsetting. I tried to explain that the work incident had aggravated my condition, but Terri refused to listen. She denied my workers' compensation claim outright, leaving me with no support from my employer.
Surgery Outcome and Continued Mistreatment
Dr. Wallace performed the surgery on October *. After the procedure, he informed me that my knee injury was far more severe than initially thought. In addition to the loose screw, I had torn my lateral meniscus, which required repair. This extended my recovery period significantly. Despite this, Hytrol continued to schedule me for shifts, and I was penalized for absences related to my medical condition. When I attempted to discuss my options with HR, an HR representative, Brandon informed me that they could do nothing unless I took personal leave. He reiterated that I did not qualify for FMLA since I had not been with the company for a year.
On the day following my surgery, my wife, who rarely misses work as a dedicated kindergarten teacher, had to take time off to care for me since I could not drive and had to have someone assist with the necessities of everyday life. She then accompanied me back to the Hytrol medical clinic to provide proof of the surgery and to demonstrate that my condition had worsened due to the work-related incident. Despite this, they refused to see me or approve my time off without penalizing me. I was still being scheduled for work, and each absence added disciplinary points to my record.
When I asked to speak to HR directly, Brandon met me in the front office, as I was not allowed inside the factory with crutches. He told me that I should take a personal leave, but there was nothing else they could do for me. I explained that I could not work and had to obtain legal representation because they were making this process impossible. Brandon dismissed my concerns, stating that the clinic was the only route for workers' compensation approval and that I could not qualify for any other leave options.
This entire situation has been emotionally stressful, not just for me but for my family. I am now unable to work, which was a significant portion of our income and was intended to help pay for household needs in general and my education, where I am currently a scholar. As a result, I now have an outstanding balance due for school that will be difficult to pay since I will be out of work for a few to several months. Additionally, I can’t participate enjoyment in the activities I love, and this entire ordeal has had a substantial negative impact on my mental health.
December 12th I was told from my brother that hyrtol has officially fired me, they did not notify me in an way as my brother found out because he supervisor thought it was him that was fired.
Conclusion
This situation has not only taken a physical toll on me but has also had a profound emotional and financial impact on my entire family. My inability to work resulted in a significant loss of income, which was essential for supporting our household and funding my education. Being a dedicated scholar, I had planned to cover my tuition and expenses through my earnings at Hytrol. Now, with an outstanding balance that I cannot pay, I face the prospect of delaying or potentially abandoning my educational goals, which has been incredibly disheartening. The stress of not knowing how I will pay for my education has been overwhelming, and it has put a tremendous burden on my wife, who has been tirelessly supporting me during this challenging time.
The constant struggle with pain and uncertainty has also stripped me of the joy I once found in everyday activities. Simple things that used to bring me happiness now feel like an insurmountable challenge, and I have lost interest in hobbies and pastimes I once loved. This has significantly affected my mental health, leaving me feeling hopeless and deeply anxious about the future. My wife, who has been my primary caregiver during this time, has also been affected emotionally as she juggles her responsibilities at work and home while trying to support me through my recovery. The weight of this situation has created immense stress for both of us, affecting our overall well-being. Despite my efforts to seek appropriate medical care and follow all recommended procedures, I have been met with negligence, intimidation, and wrongful accusations of fraud. The nurse's refusal to properly examine my knee, her dismissive attitude, and her accusations—combined with the presence of HR representatives meant to intimidate me—demonstrate a complete disregard for my well-being. I have been treated as though my injury and pain are insignificant, and my attempts to seek appropriate medical care have been obstructed at every turn.
Best,
Justin Dinet
Dear Morgan & Morgan,
I am writing to seek your assistance in evaluating a potential case of retaliation and wrongful termination by my employer, Hytrol.
Despite having accumulated over * points by November, Hytrol decided to terminate my employment only after I filed a workers' compensation claim for an injury sustained at work. This timing is highly suspicious, especially since I only had * weeks left before returning to work. I firmly believe this termination was directly linked to my workers' compensation claim.
Below, I provide a detailed account of the incidents leading to my termination:
Initial Incident and Medical Evaluation:
- On August *, *, I suffered a knee injury unrelated to work.
- Upon starting work at Hytrol on August *, everything was fine until October *, when I injured my knee while operating a pallet jack.
- Despite reporting the incident and seeking immediate medical attention, the Hytrol medical clinic dismissed my injury as minor.
Medical Dismissal and Surgery:
- Dr. Wallace, my orthopedic surgeon, confirmed the severity of my injury and recommended surgery.
- The Hytrol clinic’s RN Terri Campbell and HR representatives accused me of fraud and denied my workers' compensation claimSurgery and Continued Mistreatment:
- Surgery on October * revealed a torn lateral meniscus, extending my recovery.
- Despite this, Hytrol penalized me for medical-related absences and refused to approve time off without adding disciplinary points.
Termination:
- On December *, Hytrol fired me without direct notification. My brother, a Hytrol employee, informed me of my termination.
Conclusion:
- This situation has caused significant emotional, financial, and physical distress to me and my family.
- My termination appears to be retaliatory, linked directly to my workers' compensation claim.
I am seeking your expertise to address this matter legally.
Best,
Justin Dinet
I am writing to seek your assistance in evaluating a potential case of retaliation and wrongful termination by my employer, Hytrol.
Despite having accumulated over * points by November, Hytrol decided to terminate my employment only after I filed a workers' compensation claim for an injury sustained at work. This timing is highly suspicious, especially since I only had * weeks left before returning to work. I firmly believe this termination was directly linked to my workers' compensation claim.
Below, I provide a detailed account of the incidents leading to my termination:
Initial Incident and Medical Evaluation:
- On August *, *, I suffered a knee injury unrelated to work.
- Upon starting work at Hytrol on August *, everything was fine until October *, when I injured my knee while operating a pallet jack.
- Despite reporting the incident and seeking immediate medical attention, the Hytrol medical clinic dismissed my injury as minor.
Medical Dismissal and Surgery:
- Dr. Wallace, my orthopedic surgeon, confirmed the severity of my injury and recommended surgery.
- The Hytrol clinic’s RN Terri Campbell and HR representatives accused me of fraud and denied my workers' compensation claimSurgery and Continued Mistreatment:
- Surgery on October * revealed a torn lateral meniscus, extending my recovery.
- Despite this, Hytrol penalized me for medical-related absences and refused to approve time off without adding disciplinary points.
Termination:
- On December *, Hytrol fired me without direct notification. My brother, a Hytrol employee, informed me of my termination.
Conclusion:
- This situation has caused significant emotional, financial, and physical distress to me and my family.
- My termination appears to be retaliatory, linked directly to my workers' compensation claim.
I am seeking your expertise to address this matter legally.
Best,
Justin Dinet
draft me an eeoc complaint
Sure, here's a draft of an EEOC complaint:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Your Phone Number]
[Your Email Address]
[Today’s Date]
Equal Employment Opportunity Commission
[Local EEOC Office Address]
[City, State, ZIP Code]
Re: Employment Discrimination Complaint
Dear Sir/Madam,
I am writing to file a complaint against my employer, Hytrol, for discrimination and wrongful termination in violation of my rights under the Americans with Disabilities Act (ADA) and the retaliation provisions of the Workers' Compensation laws.
Personal Information:
- Name: Justin Dinet
- Address: [Your Address]
- Contact Information: [Your Phone Number, Email Address]
Employer Information:
- Name: Hytrol
- Address: [Employer’s Address]
- Contact Information: [Employer’s Phone Number]
Discrimination Details:
- Type of Discrimination: Retaliation for filing a workers' compensation claim, disability discrimination
Incident Description:
- On August *, *, I sustained a work-related knee injury whileoperating a pallet jack.
- Despite reporting the incident and seeking medical attention, the Hytrol medical clinic dismissed my injury.
- My orthopedic surgeon, Dr. Wallace, confirmed the severity and recommended surgery, which was denied by Hytrol’s clinic.
- On October *, surgery revealed a torn lateral meniscus, but Hytrol penalized me for related absences.
- On December *, *, I was terminated without direct notification, only after filing for workers' compensation.
Impact:
- The wrongful termination has caused significant emotional, financial, and physical distress to me and my family.
Resolution:
- I seek reinstatement, compensation for lost wages, damages for emotional distress, and policy changes to prevent future occurrences.
Thank you for your attention to this matter.
Best regards,
Justin Dinet
[Your Signature]
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Feel free to adjust any details as necessary.
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Your Phone Number]
[Your Email Address]
[Today’s Date]
Equal Employment Opportunity Commission
[Local EEOC Office Address]
[City, State, ZIP Code]
Re: Employment Discrimination Complaint
Dear Sir/Madam,
I am writing to file a complaint against my employer, Hytrol, for discrimination and wrongful termination in violation of my rights under the Americans with Disabilities Act (ADA) and the retaliation provisions of the Workers' Compensation laws.
Personal Information:
- Name: Justin Dinet
- Address: [Your Address]
- Contact Information: [Your Phone Number, Email Address]
Employer Information:
- Name: Hytrol
- Address: [Employer’s Address]
- Contact Information: [Employer’s Phone Number]
Discrimination Details:
- Type of Discrimination: Retaliation for filing a workers' compensation claim, disability discrimination
Incident Description:
- On August *, *, I sustained a work-related knee injury whileoperating a pallet jack.
- Despite reporting the incident and seeking medical attention, the Hytrol medical clinic dismissed my injury.
- My orthopedic surgeon, Dr. Wallace, confirmed the severity and recommended surgery, which was denied by Hytrol’s clinic.
- On October *, surgery revealed a torn lateral meniscus, but Hytrol penalized me for related absences.
- On December *, *, I was terminated without direct notification, only after filing for workers' compensation.
Impact:
- The wrongful termination has caused significant emotional, financial, and physical distress to me and my family.
Resolution:
- I seek reinstatement, compensation for lost wages, damages for emotional distress, and policy changes to prevent future occurrences.
Thank you for your attention to this matter.
Best regards,
Justin Dinet
[Your Signature]
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Feel free to adjust any details as necessary.