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  1. #1
    knieriemen Guest

    Fired for being sick, don't believe that's why

    I have never done this before so bear with me.... I work for a major fast food chain as a manager. Since I've started there I have been putting up with so much it is unreal. I am not even sure what to call it. The first was I was hired because I have big breasts. Then came no one likes you because you make more money, after my superior decided to tell my peers how much I was making. About a week later I was accused by another manager who was equal to me of sleeping with my employees, she even went to other stores in the area telling them I was. My distict manager admitted to me she was doing this because people had complained to him about it. Then I was sexually harassed by an employee who said he was going to rip my panties off with his teeth, I sent him home and told my supervisor, she did nothing and let him come back to work. So I told her supervisor who informed me that it was her dicision and quickly hung up the phone. This continued to happen, I told her again, again she did nothing. About two days later she wrote me up for being over on labor hours, yet the other manager who closed the night before was over more than I was. She added that write up to one that my district manager wrote stating that I was short cash, and I wasn't, it didn't even happen while I was at work. In this write up he stated this was the second time I was short, which was not true either. Well to top all of this off my whole family is very ill today, I called work and was told no one can replace me I have to go in. I told my distict manager I cannot come in and he said "then you're done". In my handbook it states that I am allowed to take 5 sick days per year after 90 days of employment. I have worked there longer than that. They have allowed others to call off in the same situation. It also says I do not need a physician's slip unless I am out for 3 days. Reguardless, is it legal for them to fire me for something and not someone else that does the same thing? I feel they were looking for an excuse and I have no idea why. This may sound silly but I feel as if I am discriminated against because I am not hard to look at or something. It was very clear that there was a jealousy issue. I could really use some advice here. Thanks!
  2. #2
    JETX is offline Senior Member
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    After reading your long (and detailed) post, I think that you probably have a very slight chance of actually being able to prove some form of 'discrimination'. The problem though, is that the 'possible discrimination' you claim is not illegal or barred.

    You seem to be claiming a number of possible 'offenses':
    1) "The first was I was hired because I have big breasts."
    If you knew that was a primary reason for your being hired, you pretty much prevent any claims of discrimination due to that fact.

    2) "Then came no one likes you because you make more money, after my superior decided to tell my peers how much I was making."
    A supervisor telling other employees your salary is certainly not good management 'style' and it might be a violation of the company policies, but it is not discrimination.

    3) "About a week later I was accused by another manager who was equal to me of sleeping with my employees, she even went to other stores in the area telling them I was. My distict manager admitted to me she was doing this because people had complained to him about it."
    This could be claimed to make a "hostile workplace", but would be very hard to prove. And what did the district manager say, if anything?

    4) "Then I was sexually harassed by an employee who said he was going to rip my panties off with his teeth, I sent him home and told my supervisor, she did nothing and let him come back to work."
    Again, what did the 'supervisor' say or how did they handle this problem?? These are important issues to determining whether you have any possible action.

    5) "So I told her supervisor who informed me that it was her dicision and quickly hung up the phone. This continued to happen, I told her again, again she did nothing."
    Wow, it seems like almost every supervisor or manager must have ignored your problems (or had other reasons). What happened when you documented all of these 'happenings' to the corporate office??

    All of the remaining issues all seem to be either retaliatory or possibly have a different version, but the bottom line is the same.....

    In my opinion, you seem to have a lot of possibly indirectly related issues and they, in themselves, don't really mount to the level of discrimination. And even if they did, you would have a very hard time finding any attorney to take this, what would prove to be, expensive case.

    Advice: Suck it up as long as you can, while you search for another job.

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