Has anyone here proved retaliation for going on disability?

[moodyskydiver 0]

I would suggest,if you're in the US to call the EEOC and tell them the situation.If their investigation adds up to a retaliatory termination then they'll definitely do something about it.If you truely have a case,they'll take care of it and you have no legal fees.

just my $.02

"...just an earthbound misfit, I."

[Andy9o8 2]

That's a partial picture. Filing an administrative complaint with the EEOC (or with a state's counterpart, the state Human Relations Commission, which then cross-files the case with the EEOC) is mandatory in any event in order to gain standing to file a complaint in court. There are very tight deadlines for filing an EEOC complaint, and if you miss that deadline, not only do you lose your chance to gain relief before the EEOC, you lose your chance to file a lawsuit in federal court if you're dissatisfied with the outcome before the EEOC. That deadline may in some cases be extended if you initiate certain filings before your particular state's Human Relations Commission, but the formula is dependent upon state law, so one must operate within the nuance of the laws of one's own particular state, and each state's law is different from all the other states' laws. Each state also has very tight deadlines for filing before the state's HRC, and if you miss that deadline, you lose your chance to file suit in state court.

You also place all of the investigation and presentation of your case with the EEOC staff, and that may, or may not, be as good as having an experienced employment attorney shepherd your case through the process, investigate the witnesses, analyze the evidence, do the legal research, write the legal briefs, file the legal motions, prepare the case for presentation, and actually try the case before the EEOC and/or state HRC.

If either you or your employer are dissatisfied with the EEOC's recommendation, the next step is to file suit either in federal or state court. Some state commissions may make an on-staff advocate avaliable to help you prepare and present your case in court. Sometimes the staff advocate is an attorney, and sometimes it's not. Preparation of an employment lawsuit usually involves taking pre-trial depositions of multiple witnesses. Pretrial discovery depositions are more than just investigative interviews; they need to be done right in order to properly benefit one's case in court. That's not a skill most non-attorneys have. And again, once you're in court, you'll need to file various motions with the court, as well as oppose a whole slew of motions filed by the employer. Those motions themselves involve complex legal research and writing, and sometimes evidentiary hearings (which are essentially mini-trials) and oral argument, to either present or oppose. Those involve pretty complex and specialized skills, too.

This is only a snapshot. What level of skill you want handling all of that is up to you.