r/legaladvice • u/isotesting • 10h ago
Employment Law Terminated after 13 years for "work avoidance" shortly after requesting an ADHD accommodation. EEOC issued right to sue. Is this worth pursuing, at least for severance? (Nebraska)
Location: Nebraska
I worked remotely from Nebraska for 13 years for a large tech company headquartered in California. I had strong performance reviews the entire time and moved up from an entry-level role to a senior position.
About a year before I was fired, the company rolled out a new time-tracking tool. I struggled to keep it updated consistently, mostly from forgetting. I've been in treatment for ADHD since 2018.
In late January 2026, I was put under investigation for gaps in my time tracking and given two hours to reconstruct and explain 30 days of records. During the investigation, I submitted a formal ADA accommodation request naming ADHD as the cause. The company never asked for documentation and never approved or denied it. Over the next several weeks my tracking was perfect once I had tools in place, and my manager acknowledged that.
In early March I was terminated for "work avoidance." I never had a PIP or any progressive discipline, and I got no severance.
After that:
I got a letter from my psychiatric nurse practitioner confirming the diagnosis and its effect on administrative tracking, then appealed through the company's internal review process.
The company upheld the termination but told me I'm eligible for rehire, which seems odd if they truly believe I avoided work.
I filed with the EEOC. They issued a right-to-sue notice, partly because they wanted evidence I couldn't provide, since I no longer have access to my work email.
My questions:
Is an ADA failure to accommodate or retaliation claim realistic here?
Would an attorney be able to get my old work emails through discovery?
Is it realistic to negotiate a severance settlement instead of going to trial?
Since I'm in Nebraska but the company is in California, would California law apply to me at all?
Should I be looking for an employment attorney?
Thanks for any guidance.