Anonymous
Anonymous asked in Business & FinanceCareers & EmploymentLaw & Legal · 10 years ago

Do I have grounds for a lawsuit?

1. I was recently fired. I had permission from my work to take a week off to visit my family for Christmas. The day I was to return home, by train, there was severe storms in the area and I could not make it to the station. I informed my manager and she approved me to have another week off. After I returned to Texas, a full 3 days before I was to return to work, I received a TEXT message from my my manager saying that the owner had told her to remove me from the schedule permanently, and to return my store key that weekend. I complied and wanted to speak to the owner who was in the store at the time but he left immediately as I made eye contact. I has since then shopped at the location and have remained on good if not friendly terms with the manager and other employees.

2 As stated above I'm currently unemployed. I have severe psoriasis, and I feel that I have been discriminated because of it. I know of one incident that involves Pizza hut. An ex-roommate of mine is the assistant store manager and has attempted to get me a job there. I've applied twice for delivery driver, since they never come in direct contact with food, and have not received an interview even though they have needed people desperately and have hired 2 people for the desired position. Now I go once a month to the doctor to clear up my skin and upon turning in my application told the manager that I would do anything necessary to comply with health codes. Today i talked to my friend the assistant manager and he said the sole reason for me not being hired was my skin condition.

I'm not the sue happy type of person but I have great references and have not been out of a job this long in the past 6 years. And with the job market the way it is things are getting really bad, not to mention the trip home took almost all my money.

It also should be noted that number 1 is a small business, a convenience store, but they are affiliated with the Shell corporation.

If Either yes or no would you please elaborate as to why not. also it should be stated that i worked for the job in 1 for over a year without so much of a write up, and that had i not been granted the extra week by my manager I would have found a way back to Texas sooner.

As for number 2 the assistant manger has agreed to testify on my behalf even at the risk of his job as long as I can make a case that is in favor of me.

My reasoning for number to Is the ADA has determined severe psoriasis as a disability.

While use of the Family and Medical Leave Act (FMLA) is now routine, the ADA can be both more complicated and more difficult to qualify under. To qualify under the ADA, you must:

1. Work for a company that employs 15 or more employees; and

2. Have an impairment that substantially limits a "major life activity," such as walking, breathing, or providing basic care for yourself (usually, to meet such a strict requirement, YOU MUST HAVE A SEVERE CASE OF PSORIASIS or psoriatic arthritis); or a history of such an impairment; or be regarded as having such an impairment; and

3. Be able to successfully perform the essential functions of your job, with or without a reasonable accommodation.

2 Answers

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  • michr
    Lv 7
    10 years ago
    Favorite Answer

    you have no legal recourse in either situation.......

    your termination was legal, if they do not have proof of "cause" you would be eligible for unemployment but that has nothing to do with the legality of the termination........

    you were employed "at-will', and could quit or be fired at any time for any (legal) reason or NO reason at all........

    it is EXTREMELY rare for a skin ailment to meet the definitions under ADA and even if you met the definition as disabled you can NOT claim the protection if you did not ask for an accommodation......

    also your friend is just that and his/her testimony would most likely be irrelevant.....

    he/she would have to provide proof that the SOLE reason for you not being hired was a violation of ADA. I seriously doubt that any evidence that even remotely resembles that exist......

    YOU need to move on.............

    you can and should file for unemployment, if they do not have proof of their cause to terminate you (and you meet the other criteria to qualify) then you should be eligible for unemployment.....

  • lcr000
    Lv 7
    10 years ago

    as far as the first situation even though they gave you the extra week you put them in a positon where they were shorthanded and if as you stated you could have found another way then thats what you should have done,TX is an at will state and as such they can let you go for any reason or no reason. You have no case. as far as the second situuation you would be at odds with the health dept, you have not specified how bad your condition is or the locations but as you are well aware you flake and sometimes bleed, as you would be working around food and there is no to guarantee that you could keep it from entering the food the health dept would trump ADA, not to mention what the customers would think. I dont believe you a case for this either. I wish you luck as i have same condition

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