Fired after having stroke

[NothingShocking]

I'll try to keep this as simple and concise as possible.

I live and worked in Florida.

I was with my former employer for just over 18 years.

I always had good reviews, above average raises and promotions.

I never received any verbal or written warnings regarding my performance or behavior during my 18 years at the company.

In November of 2009 I was told by a superior my speech was slurred - this made no sense to me. I was told by another superior that I was "talking loud". Again, this made no sense to me. I was accused of "Being on drugs" although the only medication I was taking was prescribed by my doctor and I had been taking it for many years with no adverse reactions. The medications were Cymbalta (60mgs daily) Xanax (1mg ER daily) Suboxone (2mg daily).

Around the same time, I noticed my balance was off. I went to my doctor, who sent me to the ER. The diagnoses was a Transient Ischemic Attack, or TIA, Mini-Stroke.

I returned to work with my hospital records (including drug test showing nothing unusual) but my employer insisted the paperwork was false and again accused me of being on drugs.

On January 10, 2010, I was fired with the only explanation being "People are afraid of you". I was confused and did not say anything - I simply walked out. I should note that much of the time between late Nov. 2009 and May of 2010 is blank. I did not receive clearance from my doctor to return to work until late may of 2010.

It should be mentioned that during my 18 years I never so much as raised my voice to anyone and was known around the office as a "Jovial" and "Genuinely nice guy".

Hopefully that's enough information to at least say whether I may have a case or not. If I do possibly have a case, I can provide more specific information if needed.

Thank You

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

 

[cbg]

Even if you did it would be too late to do anything about it now.

 

[Beth3]

It seems pretty clear that something was altered about your behavior, perhaps seriously altered, and you weren't aware of it.. Firing you because you were behaving in a manner that made your co-workers afraid to be around you wasn't illegal.

Even IF a case could be made that terminating you because of a violation of discrimination/ADA regulations, the statute of limitations to file a complaint with the EEOC is 180 days. Your termination happened over two years ago.

 

[davidmcbeth3]

You may, if the SOL is not expired, have a case regarding someone saying you were on drugs...libel/slander

But waiting so long hurts your ability to win such a case ... evidence is gone/forgotten etc.

 

[cbg]

And there would have to be evidence that "someone" said it to someone else AND that the poster suffered damages specifically because of that statement.

Just accusing the poster directly does NOT create a defamation claim.

 

[ESteele]

OP, you should consult directly with a local employment law attorney to explore whether you can advance a successful “willful violation” claim under the FMLA. The statute of limitations for FMLA willful violation claims is three years. If you have a viable willful violation claim, you and your counsel would have to file it on or before January 10, 2013.

BTW, OP, did your employer discipline you for any untoward conduct between the time of your mini-stroke and the time of your termination? Separately, why have you apparently waited so long to explore your legal options?

 

[NothingShocking]

Thanks all for the replies. Part of the reason I waited was I was pretty confused about the whole thing. Also, I figured I'd just hop into another well paying job, which has not happened.

Thanks again for the replies

NS