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Fired for disability?

Discussion in 'Termination: Firing & Resignation' started by Meguice, Jan 15, 2018.

  1. Meguice

    Meguice Law Topic Starter New Member

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    Jurisdiction:
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    I worked at a local machine shop for about a year and a half. During the time I worked there I had applied for disability and was denied because I was able to demonstrate an ability to work. I have been diagnosed schitzoaffective for the past 3 years and had a lifetime of being under a therapist's care with multiple diagnoses. During the time employed at this shop I not only had a severe psychotic episode requiring hospitalization but made a believer out of my boss that some people do require psych meds. Long story short, I was recently fired after an incident with him where after 2 days of him harassing me, berating me, and targeting me for humiliation; I left for the day. After leaving his cell phone turned up missing so he's decided that I stole it which is his reason for terminating me. My question more or less is that can it be discrimination if I'm not on disability? I have multiple witnesses that can testify that he targets me specifically because my psych background. He even regularly addressed me as "psycho" instead of my name. Thank you for any help.
     
  2. hrforme

    hrforme Active Member

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    How many employees do they have at the local machine shop?
    Did you normally have to ask permission to leave during work hours? Did you ask permission this day to leave?

    he had to terminate you due to the disability. If he had any other reason (that is not pretextual and it is possibly the stolen cellphone could be considered pretext) to let you go, then it's hard to prove it was strictly due to your disability.
     
  3. army judge

    army judge Super Moderator

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    An employee can be fired because the boss believes he emits a foul odor, wears red, is ugly, or for no reason at all.

    Even if you were declared to be disabled, it doesn't mean you can't be fired.

    You're free to seek new employment, file for unemployment, or stay unemployed.

    You could have been called idiot, loser, whacko, nut job, or genius; you could still be fired.

    Being hired as an employee doesn't mean you're hired for life.

    Good luck with your health and as you seek your new job.
     
  4. mightymoose

    mightymoose Moderator

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    You left work early. That is more than enough reason to fire you.
    A phone is missing and he believes you took it. It doesn't matter if you did or not. He can fire you.
    He is mean and calls you names. That is reason for you to find work elsewhere.
    Unless you think you can prove the reason for your termination was based as on your status as one of a few protected classes you won't get of the ground with a discrimination argument. Based on what you've said here it seems you are responsible for your own demise.
     
  5. cbg

    cbg Super Moderator

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    Let me put it this way.
    If he wanted to fire you because of your disability, you handed him a reason on a silver platter. Under no law, including the ADA, is an employer required to accept behavior in you that he would not accept in non-disabled employee. If a non-disabled employee would be fired for walking off the job, you can be fired for walking off the job.
     
    Last edited: Jan 15, 2018
    army judge and hrforme like this.
  6. Meguice

    Meguice Law Topic Starter New Member

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    He and I had a written agreement that I was to leave for the day if a confrontational situation arose so that's why I left. He told my wife in a text that he can't deal with the medication adjustment periods anymore so doesn't want me up there anymore. He constantly singles me out and harasses me which other employees have confronted him on. I know Texas is a right to hire, right to fire state so when does it become a discrimination issue?
     
  7. mightymoose

    mightymoose Moderator

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    You aren't describing a scenario that amounts to a discriminating case.

    This seems to be something you just need to put behind you.
     

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