Guide: How to Respond When an Employer Pressures You to Resign or Threatens Firing, Especially When ADA Rights Are Being Violated

1. Do Not Resign or Accept Subpar Accommodations

• Never Resign Voluntarily: Resigning can often be used against you later and may waive certain legal rights.

• Reject Substandard Accommodations: Accepting inadequate accommodations or no accommodations at all can harm your health and legal standing.

2. Stand Your Ground and Assert Your Rights Under the ADA

• State Clearly and Calmly:

  • “Under the Americans with Disabilities Act (ADA), I am entitled to reasonable accommodations for my disability.”

  • “I am requesting an interactive process to discuss and implement appropriate accommodations.”

• Reiterate Your Need for Accommodation:

  • Be specific about what accommodations you need and why they are necessary.

• Do Not Agree to Anything Verbal: Always communicate in writing to preserve a record.

3. Never Sign Resignation or Acceptance of Poor Conditions Without Legal Review

• Always Consult an Attorney First:

  • Before signing any resignation letter, settlement agreement, or accommodation denial, have a legal professional review it.

• Put It in Writing:

  • If asked to resign or accept subpar accommodations, respond with a written statement denying that you are resigning voluntarily and explaining your legal rights.

4. Responding to Threats of Termination or Coercion

• Stay Calm and Document Everything:

  • Keep detailed records of all communications, including dates, times, and what was said.

• State Your Rights Clearly:

  • “I am aware of my rights under the ADA, and I am requesting the interactive process to discuss proper accommodations.”

• Refuse to be coerced into resigning or accepting inadequate accommodations.

5. If Company States You Must RTO, Resign, or Be Fired

• Challenge the Statement:

  • “I am exercising my rights under the ADA and do not agree to resign or accept conditions that violate my rights.”

• Request the Interactive Process:

  • Ask for a formal accommodation meeting or request to reopen your accommodation case if it has been mishandled.

• Document the Interaction:

  • Always follow up in writing—email is preferable—to confirm what was said.

6. Open a New Accommodation Case if Necessary

• Request a Formal Accommodation Review:

  • Submit a written request for a new or reopened accommodation process, citing your previous need for accommodations and any violations.

• Keep Records:

  • Save all correspondence, responses, and documentation related to your accommodation requests.

7. When in Doubt, Always Put Things in Writing

• Never Rely Solely on Phone Calls:

  • Communicate via email or written notices to create an official record.

• Be Professional and Concise:

  • Clearly state your rights, requests, and responses to employer actions.

8. Seek Legal Assistance Immediately

• Contact an Employment Attorney:

  • For guidance specific to your situation, especially if facing coercion, threats, or retaliation.

• File a Complaint if Necessary:

  • With the EEOC or your state employment agency if your rights are being violated.

Summary

• Do not resign or accept poor accommodations under coercion.

• Always assert your ADA rights in writing.

• Refuse to be intimidated or coerced into resigning or accepting unlawful conditions.

• Document everything thoroughly.

• Consult a legal professional before making any decisions or signing documents.

Remember: Your rights under the ADA are protected by law. Never let an employer pressure you into giving them control over your employment or health without proper legal process.