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    wynnbeez's Avatar
    wynnbeez Posts: 2, Reputation: 1
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    #1

    May 11, 2007, 08:29 AM
    Unjustly terminated due to medical reason
    I went to work for an employer March 19, 2007. This employer had 4 different bookeepers since January 1, 2007. My agreed upon work hours was 8-4:30 or 5:00 depending on lunch. The first two weeks they were so far behind (no accounting done at all since first of year, no bank reconciliations, two different sets of books with people working in both instead of the new set so lots of missing or incorrect a/p and accounting) they expected me to work 10 - 12 hours a day. After two weeks I told immediate supervisor that I could only work agreed upon hours. He is actually very nice. President of company (very small corporation and he owns controlling shares at 61%) is from China was unrealistic and constantly harassing me to undo what it took them three months to mess up in one week. I told him the first week it would take me 4 weeks at least with no other help in the office that knew accounting and quickbooks. Even his CPA told him that if he wanted to get things back on track in two weeks it would take a crew of four qualified people working 40 hours a week. Anyway, I work myself to death, not taking breaks and half the time not even lunch to get this place back on track. On Friday, April 27, with no advance notice. The president decided the office (which had had no janotorial service since he took over last March - there was urine in bathrooms and floors were black everywhere - the nastiest office I have ever seen) decided that walls needed to be painted and place cleaned because clients were going to be there on Monday. So I come in that Friday and am working when plant employees begin emptying offices taping, painting and cleaning using industrial chemicals. The issue is that I have been treated for sever non-allergic rhinitis for 15 - 20 years. This condition is horrible, I cannot be around chemicals because I get sever migrane headaches and have difficulty breathing immeidately. Then I end up at urgent care getting steroid shots, steroid nasal sprays and sinus and ear infections that make me sick for weeks. So I go to my immediate supervisor and he said he understood completely and he would go talk to "Jerry" the president and let him know I could not work in that environment and would have to leave due to health issue. "Jerry" told him that if I could not work the rest of the day in that environment that I was fired. So I got fired for having a health issue that was never ask about. When I came to work there I was issued no employee handbook, rules or regulations, no attendance files were kept, etc. and I was not even given a reprimand just fired AFTER I GOT THERE MESS FIGURED OUT. I have a Bachelor in Business Administration and minor in Communications and have never been treated so unfairly. I did send a complaint to the EEOC in my district but they said it would take up to two months to hear from them. My question is "Do I have a lawsuit for being unjustly terminated?". This has put a severe financial hardship on me and also cost me my health insurance. I am 41 years old and have never been fired from a job in my life. I have great letters of recommendations from both previous employers, pastors and college proffessors. I live in ALABAMA so there are hardly any laws to protect workers. Any help anyone could give would be much appreciated.

    p.s. "Jerry" kept calling our workers names using Chinese words. So the General Manager (who was my immediate supervisor bought a chinese for dummy book and we found out he was calling them pigs and monkeys so it is plain to me he is a racist)
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7691
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    #2

    May 11, 2007, 09:51 AM
    The discrimination on handicap is very restricted as to a legal handicap, not a illness or sickness that does not meet the requirements of a listed handicap which effects at least one of the major life functions.

    And firing someone in thse situation is wrong, it is bad, and it is not right, but there are many bosses who are bad, and who do not treat employees fair. But there is a large diffrence between being a bad boss and breaking EEOC laws.

    So with that said the calling of names can be used as a case of harassment in the work place.
    But what exactly are your wanting from the EEOC, your job back, why would you want to go back. If you want money normally you will have to file a law suit in federal court for vioation of law.

    But yes of course I would contact the EEOC and let them do their investigation, since their findings can help you in a private law suit,

    But to be honest unless you go into federal court, don't expect too much .
    isabelle's Avatar
    isabelle Posts: 310, Reputation: 31
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    #3

    May 11, 2007, 09:54 AM
    It sounds as if you were unjustly fired, however I am not a labor lawyer and it seems as if you need one.
    I don't know what excuse was given on paper for your being fired but I bet it was not the same one as you were given.
    I hate to give you such a costly answer but you need to retain a lawyer. I have heard that most lawyers give free consultations. At least that may give you an idea of what you are up against.
    Good Luck and keep us informed.

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