[forksandspoons]

I'm posting from a psvita so this will be brief and grammatically poor

I work as a valet. I scratched a truck in an area with a high volume of damage. When I got out I looked for damage as the customer approaxhed I began having a panic attack. I have a history of them along with anxiety and depreesion diagnosis. I receive treatment and meds for it. When I had the attack I shut down and became weak dizzy and nauseiated. I went to the bathroom to let it pass. I didn't want to vomit in public after all. When I returned I called my supervisor to report it but no answer. A few minutes later my manager suspended me. Today he said they are firing me for not following procedure. I plan on telling him of my disability tomorrow. It is protected by the ada. Can I be fired for this or not?

[ScottGem]

I doubt that this is a protected disability. I also think, given your type of job it presents a danger to your employer's customers. I doubt if you have any defense against being terminated.

[JudyKayTee]

Your disability is not protected IF you are a danger to others and/or the safety or property of others. You are opening your employer up to a lawsuit due to your negligence and/or health issues.

There is no question that you have issues controlling yourself and have made what could be considered to be irresponsible decisions in the past - https://www.askmehelpdesk.com/relati...ml#post2926185. I also note that your posts do not necessarily contain the same "background" info. Your life seems to change as you post.

Are these discrepancies related to your panic attacks?

[AK lawyer]

I doubt that this is a protected disability. I also think, given your type of job it presents a danger to your employer's customers. I doubt if you have any defense against being terminated.

I question how becoming weak dizzy and nauseated, or retreating to the bathroom until those symptoms pass, presents a danger to customers.

And, as I read the post, scratching the customer's vehicle did not result from the OP's condition. It may have been a valid reason for the termination, however.

... today he said they are firing me for not following procedure. ...

What exactly was the procedure not followed?

[Fr_Chuck]

You did not follow procedure and damaged a customers car, that is why you were terminated,

Next you needed to inform your employer before you started work of any disability and inform them of any accomidation you may need. They are not required to give you that accomidation if it is effects any major part of your job.

[JudyKayTee]

I question how becoming weak dizzy and nauseated, or retreating to the bathroom until those symptoms pass, presents a danger to customers.

And, as I read the post, scratching the customer's vehicle did not result from the OP's condition. It may have been a valid reason for the termination, however.

What exactly was the procedure not followed?

If you're the valet who scratches my car and you then "retreat" (weak, dizzy and nauseated) to the mens room, you'll turn around and I'll be standing there - not so weak, dizzy and nauseated. That includes at the urinal.

I think this comes down to a person unable to handle the pressure having a high-pressure job.

[AK lawyer]

... That includes at the urinal.
...

Er, why would you be standing at the urinal? Is there something about you that I don't know? :)

[JudyKayTee]

Er, why would you be standing at the urinal? Is there something about you that I don't know? :)

Let me rephrase that - I would FOLLOW the person who damaged my car wherever that person went, whether he was crying, nauseated, border line conscious or something else - and that includes the mens room.

[forksandspoons]

The damage to the car is Forgiveable and the car was scratched largely due to a poor lot design and the supevisors amd managers acknowledged that. The reason I am being terminated is because did not immediately report it. Look up ada. Anxiety and depreesion are covered and you can disclose it at any time. The proper procedure was not followed as a direct result of my disability. It presents no danger to customers lmao. I am able to operate a vehicle safely and have a clean driving record. Our policy is that if damage is under 500 dollars you get a warnijg which it was.

The customer would have had every right to get mad and follow me. No arguments there. Bt valet is no more high pressure than any other average job. This is exactly why my condition is included in the ada. There are pressures and stresses with any job as that is part of life. I should be allowed to work as a valet and that ia why we have the ada.

So hard to type on this thing, sorry for the spelling and grammar.

[ScottGem]

If you believe the ADA covers you hire a lawyer. But since most employment is at will they can fire you at any time except in a case of discrimination.

[forksandspoons]

I can't copy/paste a link frok this device, so Google social anxiety depression ada and there is tons of info. I wasn't able to connect with my manager today but we aremeeting tomorrow. Nothing is official yet so I hope To resolve this without lawyers. However I will threaten to sue if it goes that way.

[JudyKayTee]

the damage to the car is Forgiveable and the car was scratched largely due to a poor lot design and the supevisors amd managers acknowledged that. the reason i am being terminated is because did not immediately report it.

I don't understand this - causing damage to someone else's car when they have paid for the privilege of having a valet park it is forgiveable? By insurance? By management? By someone else?

You are minimizing what happened. Someone's car got damaged in your care.

I'd leave it with "I didn't feel well and so I went to the mens room" and not argue poor lot design and forgiveable damage.

And this is a legal thread so this is legal advice. You have received legal advice from several sources. I think it's going to come down to employment at will and whether your condition is dangerous to customers, their property, your employers, their property.

Come back after the meeting and let us know. If you decide to sue find an Attorney who specializes in employment issues OR civil rights issues (in my area the specialties overlap). Yes the meeting was scheduled for "tomorrow" so actually today IS tomorrow.

[AK lawyer]

the damage to the car is Forgiveable and the car was scratched largely due to a poor lot design and the supevisors amd managers acknowledged that. the reason i am being terminated is because did not immediately report it. ...

If management continues to go with that theory, it appears that they are digging a hole for themselves, if later ADA litigation is required. Hopefully the meeting goes well for you and you get your job back. But if not, it would be good if the "damage to the car is not the issue" concept is reduced to writing in something written and signed by them.

[joypulv]

Using ADA after the fact won't work. Your employer has to have known about your documented disability. Did they?