Can I sue Wal-Mart under ADA?
My lifelong anger problem ruined my whole life so I went looking for answers. I had just been diagnosed with an anger disorder which makes me prone to outbursts. The slightest thing makes me explode. A coworker pissed me off so I verbally abused her. She reported me for harassment. Four days later, I found out she didn't admit she's wrong and apologize, or forgive me, so I punched the pole in the fitting room in front of customers. One of them reported me for workplace violence. I got canned that day on double count of gross misconduct.
However, I am productive as hell and had perfect attendance. I even help out door greeting and a few other depts. Shouldn't that be reason enough to retain me? Plus, ADA requires employers to accomodate empolyees w/ disabilities. Since I have an anger disorder, shouldn't ADA protect me from canning? Never mind the crap the asst mgr said about the ceiling tiles possibly falling and hitting someone. The thing is it didn't.
I said ceiling tiles COULDA fallen and hit someone, but it DIDN'T. The fact that no one got hurt should keep me retained, I think.
oh yes. they know. i got to them through VR lol. funny thing is, customer never pissed me off, even the one who cursed me out for not having a 5x shirt in my dept (ladies wear.) it's just that coworker that did.
- Spock (rhp)Lv 71 decade agoFavorite Answer
Wal-Mart has to make reasonable accommodation for disabilities it knows about under ADA.
You did inform them of your issues, correct?
As an adult with experience in the particular area, it is also your responsibility to inform employer (Wal-Mart) when you believe that the work environment does not support your disability. [They can't be expected to guess what does and doesn't work when you already know.]
Did you do that?
Maybe it would have been possible for you to work in some function at Wal-Mart that does not involve customer contact and angering co-workers. If you can find such a job, you might have a case.
Frankly, I doubt it. Customers are entitled to reasonable employee behavior, which you proved that you can't do. Co-workers have rights equal to yours and are entitled to be free of abuse and/or the threat of physical attack.
Jobs aren't a personal right -- you have to fit into how the firm operates and what environment it needs to offer to its customers and other employees. Or you'll be discharged -- as you discovered.Source(s): retired employer
- KathleenLv 44 years ago
Walmart is pretty hard to sue.. I try 6 yrs ago when my son got his head split open on top and it was totally their fault.. I couldn't find a lawyer who would take the case all saying it was almost impossible to sue them.. So I ended up paying all the hospital bills myself and got nothing at all from them. What you should do is go see the Head Manager there and talk to him about it.. Then call the corporate office and file a complaint. If you had a real injury or sickness I don't understand why you left in a hurry.. You should have told the guy get the manager and call the cops.. no biggie, you would have been fine and the guy would have made a total *** out of himself.. I have taken my son to walmart when he was sick and weak to get his med's and I put him in an electric cart too or a wheel chair. They have never said anything to me even though some of the oldies at the door didn't like it ... I just gave them the LOOK.. that says DON'T DARE SAY A WORD TO ME.
- Kathryn RLv 71 decade ago
The ADA says that the work place has to make reasonable accommodations to help someone but that doesn't apply if they feel the public is in danger. If you have an anger management problem you should get help for that either before you find a job or during. If not you won't be able to keep a job. They don't have to keep an employee who might frighten the patrons of the business. That would be counter productive from the stand point of the business.Source(s): Someone with disabilities.
- Anonymous1 decade ago
The ADA has limits - especially if you're displaying such a high level of anger AND physical violence at work. In fact, I would think that Wal-Mart stood a very good chance of getting sued if they kept you as an employee after you "verbally abused" a co-worker and then punched a pole in front of customers. I doubt a lawsuit is going to get you very far, but good luck with that.
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- ZachLv 71 decade ago
No you could not. Wal-Mart may have to accommodate your disability, but when you are putting people's health and well-being in danger, Wal-Mart has to also protect their customers and fellow associates. Your disorder does not give you permission to damage company property and as you said ceiling tiles fell and hit someone. You were justly fired.
Also, if you sue Wal-Mart, which more than likely your suit would be thrown out, you could see a counter suit against you for the damages.
- gdsbLv 51 decade ago
I do not believe that The Americans with Disability Act recognizes anger as a disability. Typically the Department of Justice has to take action against Angry Cities and Companies for violations of the law.
- Anonymous1 decade ago
Nobody has to put up with unacceptable behavior...
Especially from some one as Violent as you...
ADA is just going to laugh at you
as many are doing reading this...
You aren't disabled.
Here there is "No Cure For Stupid"
I can see a lot of Jail time in your Future...
Then you can talk over your anger problems
with Bubba and gang...
OH, and NO you cannot Sue WalMart...
but they can sue you...
End of Story
- CptainamerLv 71 decade ago
I assume your kidding! If you are good one lol ! If not get help immediately !