Wrongful termination?

[Lbueno]

So, I have something similar to epilepsy. I worked for a 711 for 3 1/2 years. It was a franchise for that time. At the end of the 3 1/2 years, it was changed back to corporate because they screwed the franchisee and he had to give it up. They found out what I had. There was about 6-7 of us that worked there with me being there the longest of all. I got a call on a Wed. from the franchisee telling me that they knew about my epilepsy and that I would have to go in and see if I could keep my job. I went in, talked to the guy, he told me they "filled all the positions" by giving more hours to the other guys. I talked to one of the guys I worked with a couple days later that they already had a new guy working overnight. Here, a couple weeks later, there's 2 new guys working there and there is a sign on the door that says, "Hiring for all positions."

If the guy would have been straight with me and said we don't want you to keep working here because you're a liability - which is what it is - I probably wouldn't care so much. But lying straight to my face kind of pisses me off a little more. Any thoughts or ideas if I'd have any kind of case against them?

[darxide]

Unless you had a contract, you were what was known as "at-will employment" which means they can essentially fire you for whatever reason they want to as long as it can't be proven that it was discriminatory, which would be a very difficult thing to prove. Move on.

[teebo]

http://www.eeoc.gov/laws/types/disability.cfm

Sue em dude.

[Entbark]

http://www.eeoc.gov/laws/types/disability.cfm

Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability.

Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment).

The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ("undue hardship").

[Sunseeker]

Unless you had a contract, you were what was known as "at-will employment" which means they can essentially fire you for whatever reason they want to as long as it can't be proven that it was discriminatory, which would be a very difficult thing to prove. Move on.

Which "we know about your epilepsy, you need to talk to management if you can keep you job" means.

If they had called him in over performance, or attendance, that would be another story, but they called him in over his disability, which unless otherwise documented, was not a problem before that point.

[Deleted]

honestly it sounds like the new manager had to cut some staff and you got chopped because of your disability, you should contact the corporate office, im sure this is illegal

[Lbueno]

They didn't really cut any staff, though. I got kicked and they hired 2-3 new guys. As for being gotten rid of because of my disability, yeah. That's pretty evident. Contacting corporate - the corporate guys are the ones who made the decision.

[Thetruth1400]

Unless you had a contract, you were what was known as "at-will employment" which means they can essentially fire you for whatever reason they want to as long as it can't be proven that it was discriminatory, which would be a very difficult thing to prove. Move on.

This really. You were most likely an "At-will" employee, which means they have the right to fire you and you have the right to quit with no notice or reason. Unless you can prove that there reason was discriminatory in nature with something other than your word, there's nothing you can do here, just move on. Unless your termination paperwork says, "Fired due to disability" or you have them on tape saying it's due to your epilepsy, sadly you don't stand a chance.

[cubby]

So, I have something similar to epilepsy. I worked for a 711 for 3 1/2 years. It was a franchise for that time. At the end of the 3 1/2 years, it was changed back to corporate because they screwed the franchisee and he had to give it up. They found out what I had. There was about 6-7 of us that worked there with me being there the longest of all. I got a call on a Wed. from the franchisee telling me that they knew about my epilepsy and that I would have to go in and see if I could keep my job. I went in, talked to the guy, he told me they "filled all the positions" by giving more hours to the other guys. I talked to one of the guys I worked with a couple days later that they already had a new guy working overnight. Here, a couple weeks later, there's 2 new guys working there and there is a sign on the door that says, "Hiring for all positions."

If the guy would have been straight with me and said we don't want you to keep working here because you're a liability - which is what it is - I probably wouldn't care so much. But lying straight to my face kind of pisses me off a little more. Any thoughts or ideas if I'd have any kind of case against them?

Yeah, if you have any contacts in the legal field, and I mean any, get in touch with an employment law specialist. They will typically give you a free consultation. Your case sounds like it could be very strong.

If you don't know anyone, that is ok. Contact your local ACLU office and they will put you in touch with someone. If no ACLU office nearby, find a local chapter of an outfit called BNI (http://bni.com/). They have groups of people that refer each other for business. They will typically have someone who will know someone else that can refer you, and will be happy to do it. Finally, if you can handle government stuff, contact your local EEOC (http://www.eeoc.gov/).

PM me if you have any questions. I'm not kidding - you have a very good case (I am a lawyer).

- - - Updated - - -

Unless you had a contract, you were what was known as "at-will employment" which means they can essentially fire you for whatever reason they want to as long as it can't be proven that it was discriminatory, which would be a very difficult thing to prove. Move on.

This is NOT correct.

[Ayla]

Problem here is whos at fault. Since the franchisee no longer owns the business, you are not legally bound to keep employees once it changes hands. You could consider going after the ex franchisee since he was the one that spilled the beans

[cubby]

Problem here is whos at fault. Since the franchisee no longer owns the business, you are not legally bound to keep employees once it changes hands. You could consider going after the ex franchisee since he was the one that spilled the beans

This is also NOT correct.

[Blueobelisk]

I was hoping we were gonna talk about abortions in here because of the thread title lol....

Hold on lemme read opening post lol.

[Lbueno]

It wasn't him, though. In a long story short, I had one at work, someone called 911 from the phone at work, and a report was made

I was hoping we were gonna talk about abortions in here because of the thread title lol....

I chuckled lol Abortions are wrong, too, though (in most cases).

[Ayla]

This is also NOT correct.

You mean to tell me that if a person buys a franchise they are stuck with the employees they have? That has certainly never been my experience.

[Blueobelisk]

I think you could sue them lol. If they specifically told you they had everyone else work new hours and then they hire 3 new people that's discrimination so long as you were doing a good job.

Whether you should sue them is a whole 'nother question, because it's gonna be a pain in the ass to get a lawyer.

[Hooked]

This is my honest opinion and im drunk, so take it with a grain of salt. I probably would never hire a disabled person because I wouldnt want to have to cater to their bs. With that said, they took the plunge and hired you, so you deserve full rights. If I were in your position I would sue them, find some lawyer that champions your cause, and just sue the hell out of them. Your time slot for people caring is shrinking in direct relation to our world status.

[cubby]

You mean to tell me that if a person buys a franchise they are stuck with the employees they have? TAhat has certainly never been my experience.

You are simplifying an issue of employment law, and I'm not sure that you know the legal issues surrounding this problem. The details need to be sorted out by someone who knows what they are doing, not someone pretending to be something they are not.

Grats on all your franchise ownerships though.

[Lbueno]

it's gonna be a pain in the ass to get a lawyer.

My brother is a lawyer, so he could probably find one in his firm.

[Orbitus]

This is my honest opinion and im drunk, so take it with a grain of salt. I probably would never hire a disabled person because I wouldnt want to have to cater to their bs. With that said, they took the plunge and hired you, so you deserve full rights. If I were in your position I would sue them, find some lawyer that champions your cause, and just sue the hell out of them. Your time slot for people caring is shrinking in direct relation to our world status.

Even though you are drunk, I hope you never own a business because if they are able to do the job and you deny them employment specifically because of their disability, they will be owning your business instead of you.

[Ayla]

You are simplifying an issue of employment law, and I'm not sure that you know the legal issues surrounding this problem. The details need to be sorted out by someone who knows what they are doing, not someone pretending to be something they are not.

Grats on all your franchise ownerships though.

I dont own any, but I do work for one. Every employee was told the franchise was changing hands and any employees who wished to keep tjeir jobs would have to interview for them