Case for retaliation?

[lastthrill]

Texas

Today I was fired immediately when I came into work for "insubordination" by my boss. I have never disobeyed any task, order, or job given to me from her, ever. This all stems from a conversation I had with my boss the previous business day in which she asked sarcastically if I had ADD or something after I corrected a mistake she made to which she got embarrassed. I was immediately offended by her comment and told her that is probably something she should not be tossing around to her employees like that to which she responded with "I do not care about that" and told me she has the right to ask whatever she wants.

So do you think I have a legal case for retaliation considering she obviously fired me for telling her she shouldn't ask her employees about their mental disabilities? What about for Unemployment benefits? I have a great track record of 7 and 3 years at my previous places of employment, but only lasted 3 months here because quite frankly she just had it out for me I truly believe.

Thanks for any advice in advance.
-Jen

 

[justalayman]

So do you think I have a legal case for retaliation considering she obviously fired me for telling her she shouldn't ask her employees about their mental disabilities?

Do you have ADD? If not, why would you be offended? If you don't have ADD, she did nothing wrong. Even if you do, it is likely she did nothing wrong.

What about for Unemployment benefits?

What about them? Do you mean: are you eligible?

Depends on how good of a case the boss can make for insubordination. If they can support it, you won't get UI. If they cannot support the claim, as long as you otherwise qualify, you should get it.

 

[pattytx]

I it was an insensitive thing to say, whether you have ADD or not.

However. She was your boss, and it was not your place to tell her what she "should" or "should not" say to OTHER employees.

 

[commentator]

So file for unemployment. That would be your only recourse in this situation.

It does not, in my opinion, rise to the level of gross misconduct to have a verbal set to with your boss.

If there has been a pattern, if she could show where she had warned you about insubordination and written you up for your insubordination, then it might be a justifiable termination which would keep you from getting unemployment.

BUt from the sound of this, it is just not working out. You're not doing well in this job, and she's decided to get rid of you. So file for benefits, and be sure you tell them you did your job to the best of your abilities, that you feel this was a situation where she became frustrated with you and terminated you for that reason.

But have a case against her for anything? Just because she said something mean to you? No.

 

[eerelations]

1. It is perfectly legal for employers to inquire about their employees' mental disabilities, whether jokingly or seriously.
   
2. It is perfectly legal for employers to fire employees who tell their employers they may not inquire about their employees' mental disabilities, whether jokingly or seriously.

 

[Beth3]

So do you think I have a legal case for retaliation considering she obviously fired me for telling her she shouldn't ask her employees about their mental disabilities?

No. Not even close.

What about for Unemployment benefits?

By all means, you should apply immediately.