Do I have a case?

Status
Not open for further replies.

heinicked22

New Member
I was a field auditor for the state of Wisconsin for almost 2 years. I have been an at-will employee during the probationary period, which lasts for the first 2 years of employment for field auditors. I was terminated last week for unprofessionalism to co-workers and insubordination.

I believe my supervisor has tried to get me fired since day 1. She has exaggerated small situations that could have been handled differently in order to claim I was unprofessional to co-workers. For example, I came in late one day (it was on my calendar and available to my supervisor) to find a computer connected to the network in my cubicle. Since auditors-in-training had been in the office recently, I thought that it was one of their computers. I unplugged it from the network and moved it to a different area of my cubicle. A co-worker approached me and said, "I wish you would have told me because I was encrypting it." (Encrypting requires being connected to the network). I apologized, and I thought that was the end of it. On my next evaluation, my supervisor said I displayed unprofessional conduct to co-workers by unplugging the computer without asking anyone first.

Also, my supervisor has claimed that I am insubordiante in a couple of instances. Both of these were reported on my evaluations, and they were exaggerated or flat out lied about. For example, my last instance of insubordination - my supervisor gave me a below average grade on the law & accounting principles applied to one of my audits. I asked if I hadn't applied the law correctly. She said I had, but I took too much time researching issues. I asked if she had guidelines or something that would explain what is considered when determining the grades. She said I couldn't see them, so I asked if she could read them to me. She said fine, read me the guidelines, and I said I didn't realize time to research was part of the law & accounting, but I agreed with the grade then. All of this was done professionally, calmly, and politely. On my next evaluation, she told me I was insubordinate by demanding to see the guidelines.

Throughout the first maybe 1 1/2 years I worked for the state of Wisconsin, I had problems interacting with co-workers. In the same time frame, I was able to work out all of my problems with all of these co-workers.

In April of 2007, I started seeking help from a doctor because I knew something wasn't right. I was having too many problems with co-workers and friends, and I didn't know what was wrong. In November 2007, I was diagnosed with generalized anxiety disorder and social anxiety disorder. Both of these disorders affect how I interact with my significant other, co-workers, friends, and family. My treatment included 2 types of medications and therapy through a local hospital.

I never disclosed my anxiety disorders to my supervisor or other management. I've reviewed the timing of my diagnosis, medications, and therapy. They coincide directly with the problems I had with co-workers and my supervisor, as well as the improvements I made in dealing with co-workers, friends, and family.

Can the state of Wisconsin terminate my employment (as an at will employee) because of problems that are a direct result of a medical condition? What steps do I take now?

Thank you for your advice. I look forward to hearing from you.

Sincerely,
Dawn Heinicke
 
I answered this on the other board where you posted it but for benefit of readers here, no, you do not have a case for several reasons. One, since you never told your employer about your condition there can be no question of discrimination; multiple courts have ruled that an employer cannot be held responsible for accomodating a condition they have never been informed of. Secondly, we don't even know for certain that your condition would qualify as a disability under the law; not all do. Finally, even under the ADA, an employer is not obligated to accept behavior in a disabled employee that they would not accept in a non-disabled employee. Just because your behavior is medically based does not mean your employer has to accept that behavior.
 
Status
Not open for further replies.
Back
Top