Do I have a case? Fired for knee problem

[rainman32]

What is the name of your state (only U.S. law)? California

I was waiting tables in a small restaurant in California when I was unexpectedly fired and without much reason. This was after 6 months of working there. They just told me vague things like, "it's not working out."
I know that CA is an "at will" state however they did something shady.
I've had a knee problem for the last 3 months that I got not on or at the job. There is an upstairs section that I haven't been able to work for 3 months and I believe it was annoying to the manager since he sometimes had to work upstairs.
I recently found a craiglist ad that had been posted 5 days before my termination that was hiring my replacement and one of the conditions in the ad was "healthy legs and knees are a necessity."
I have never had a performance review or received any negative feedback from my managers.

 

[HomeGuru]

What is the name of your state (only U.S. law)? California

I was waiting tables in a small restaurant in California when I was unexpectedly fired and without much reason. This was after 6 months of working there. They just told me vague things like, "it's not working out."
I know that CA is an "at will" state however they did something shady.
I've had a knee problem for the last 3 months that I got not on or at the job. There is an upstairs section that I haven't been able to work for 3 months and I believe it was annoying to the manager since he sometimes had to work upstairs.
I recently found a craiglist ad that had been posted 5 days before my termination that was hiring my replacement and one of the conditions in the ad was "healthy legs and knees are a necessity."
I have never had a performance review or received any negative feedback from my managers.

**A: are you considered handicapped?

 

[rainman32]

No. Not handicapped/disabled or anything.

 

[HomeGuru]

Then why can't you walk up the stairs to servcie the customers?

 

[rainman32]

Then why can't you walk up the stairs to servcie the customers?

It would have caused me pain and worsened the problem.

 

[HomeGuru]

What exactly is the problem?

 

[rainman32]

What exactly is the problem?

It's a running injury that hasn't gone away. I have pain that increases due to amount of use. I have seen a doctor but didn't give me a name or specific prognosis.
I told my managers about the problem and they always found a way to accommodate me. They never acted like it was a big issue until they fired me.

 

[commentator]

I think since you were let go for "performance issues" or, 'It's just not working out' that you pretty much have to take that and file for unemployment insurance while looking for another job. I'd suggest you try to find a place with no stairs, but do not put any restrictions on your job availability due to your vague knee pain. Heaven knows I understand, but I don't believe this, either your condition or the employer's actions, give you and sort of ADA discrimination case. You will have been discharged due to something "no fault of your own" and will likely qualify for unemployment. Just tell them you were let go and what you were told at the time you were discharged. Stress that you always did the job to the best of your abilities. Don't tell them you demanded accomodation for knee pain and refused to work upstairs.

 

[swalsh411]

Whether or not an employer has to accommodate an employee with a special medical need, and the degree to which that accommodation must be made, depends on a number of factors. However the accommodation must always be "reasonable" and not overly burdensome on the operations of the employer. It would seem to me that employing a waitress who cannot serve customers is overly burdensome.

 

[HomeGuru]

OP says fired for knee problem. I wonder what the employer states as the reason for termination. We generally only hear only one side of the story. And at times that one side is tweaked.

 

[rainman32]

Thanks, you confirmed my inclination that I don't have a case.
I know this is my side of the story so it's inevitably biased, however I feel it's suspicious that they didn't give me any sort of specific reason even after asking twice. They were just kind of vague and evasive. Saying "we're making some changes" and "we're at a real make or break point."
If they had told me it was my knee would I have a case?
I'm going to pursue anything, I'm just wondering if this is why they didn't say it.

 

[swalsh411]

Maybe. Could be why they didn't a more specific reason. They aren't legally required to give you a specific reason.

 

[commentator]

Filing for unemployment will flush out whatever reason they give, if they choose to give a reason. I doubt very strongly whether they'll say, "Fired for knee problems" as hardly any employer is that dumb. Even if they say you were let go for performance issues, they'd need a series of progressive discplines and progress evals to prove it was misconduct worthy of firing. Or if they say that they terminated you due to their own restructuring and just didn't have work for you any more, it's an automatic approval (provided you have the wages to set up a claim otherwise.)

But they may choose not to respond at all, which case you will be much more likely to be approved for unemployment benefits. Which in my opinion is about all you might possibly be entitled to in this scenario.

 

[cbg]

If they had told me it was my knee would I have a case?

Very likely not. Even if you identified yourself as disabled (and you say you are not) the ADA only requires that they make a reasonable accomodation. If the essential function of your position requires that you be able to service customers upstairs and you couldn't, it's not generally considered reasonable for them to have to disaccommodate other employees to allow you to stay downstairs.

And since you say you're not disabled, the ADA doesn't apply anyway.

 

[rainman32]

Ok this has all been very helpful. Thanks again.

One more question, I filed for unemployment before I posted anything on this forum. I wrote in the form asking why I was fired, "Was fired without warning or reason. I suspect I may have been fired for a knee problem."

Now I'm feeling pretty stupid for writing this. Will this prevent me from getting approved? What should I say in the event that they conduct a phone interview?