Need some advice on what to do

[dconnerii]

What is the name of your state? Wisconsin
I was a temp working at a place for the Temp agency and I was told I will no longer be needed. When I inquired with the Temp agency as to why they were told I was no longer needed this were the reasons I was given
I missed work when I had a reaction to medication I was taking and than when I did return to work the medication(for Bi-polar) was still in my system and I made some mistakes because the medication effected my brain.

I was told that I went out to smoke too much, even though the only times I went out to smoke was when I was with my trainer

And because they said I made too many mistakes even after the medication left my system, I know this to be false because 2 months into my assingment I was finally showed a report I could run that would show me if I missed any parts that I did not assign so every night I would run this report and from the day they showed me this report I never missed anything!

I told my boss after I came back to work( I missed 3 days when I was very very ill) that I was Bi-polar and he went from being a very kind boss to someone completely different.

The temp agency was going to fire me as well until I told them that I was never given a written warning or anything before my dismissal from the assingment. Numerous other temps I have talked to at the assignment have told me they have been given written warnings for things yet I was never given one just fired. I feel it was because of my Bi-polar, The temp agency told me to file for unemployment in the mean time until they place me some where else the problem is I was making over 300 a week after taxes and now unemployment only pays 154.00 a week and I still have to pay my weekly child support payments of 100.00.

I am thinking that I need to talk to a lawyer but am unsure if I have a case, I was hoping I could get some advice here to see what I should do.

 

[JETX]

I am thinking that I need to talk to a lawyer but am unsure if I have a case, I was hoping I could get some advice here to see what I should do.

Of course you can talk with any local attorney you want... but from your post, you have no case. Sounds to me like the temp job has a pretty solid documentation to justify their terminating you and that it has nothing to do with your subsequent claim of being bipolar.

As for your employer, there is NO statutory requirement that they give you warnings or notices.

Your statement that "I told my boss after I came back to work( I missed 3 days when I was very very ill) that I was Bi-polar" is interesting. Have you in fact been diagnosed as such.

 

[dconnerii]

Yes was diganosed as having Bi-Polar 5 years ago, have been in the psych ward 10 times in 5 years.

How is it that you think they fired me for cause? I'm sorry I just am unsure what you see.
I smoked with my trainer so if that was a reason than why did nothing happen to my trainer? Any mistakes made were a month before my dismissal and when I was still having ill effects of my medicine and once the side effects stopped I had no more issues with any mistakes. And if a company has a system in place for discipline in this case giving a verbal warning followed by a written warning followed either by a suspension or firing depending on the seriousness of the issue how can they just fire me but give a verbal and written warning to other people? Seems like I was singled out and everything changed when I told my boss I was Bi-polar and had side effects from my medication. I usually never tell my bosses about my disability but this boss seemed different he was very nice to me in the begining even invited me over to his house to watch a packer game(live in wisconsin) but like I said everything changed once I told him I had a mental disability

 

[fairisfair]

Yes was diganosed as having Bi-Polar 5 years ago, have been in the psych ward 10 times in 5 years.

How is it that you think they fired me for cause? I'm sorry I just am unsure what you see.
I smoked with my trainer so if that was a reason than why did nothing happen to my trainer? Any mistakes made were a month before my dismissal and when I was still having ill effects of my medicine and once the side effects stopped I had no more issues with any mistakes. And if a company has a system in place for discipline in this case giving a verbal warning followed by a written warning followed either by a suspension or firing depending on the seriousness of the issue how can they just fire me but give a verbal and written warning to other people? Seems like I was singled out and everything changed when I told my boss I was Bi-polar and had side effects from my medication. I usually never tell my bosses about my disability but this boss seemed different he was very nice to me in the begining even invited me over to his house to watch a packer game(live in wisconsin) but like I said everything changed once I told him I had a mental disability

Wisconsin is an at will employment state, with few exceptions that fall under wrongful discharge. Your case does not appear to fit any of them.

 

[mitousmom]

I suggest that you contact EEOC or your state's equivalent agency. Your condition may be a qualified disability under the ADA and if the client's treatment of you changed after it learned that you were bi-polar, you may have a claim for discrimination because of your disability. Further, if the client has a progressive disciplinary system which it uses and has used for the non-disabled temps, but did not use it for you, that can support your claim of illegal discrimination because of your disability.

Did the temp agency talk with the client about your discharge once you informed it of the alleged discrimination? Did it seek to get you reinstated?

 

[JETX]

Yes was diganosed as having Bi-Polar 5 years ago, have been in the psych ward 10 times in 5 years.

Presumably, you are under medication.... and if so, then your condition would not be relevant.

How is it that you think they fired me for cause?

Pretty easy.... from your own post:
"I was told that I went out to smoke too much... "
"they said I made too many mistakes... "

 

[ecmst12]

You're a temp. Temps are extremely expendible. Plenty of places don't bother with warnings etc for temps. You missed a bunch of work, make lots of mistakes and take too many breaks. That's enough reason to fire you right there.

 

[Zigner]

The way temp agencies work (generally) is that the temp agency is your employer. That's the beauty of it (from the client-company's perspective)...they don't have to give a reason for not using you...ever.

 

[Betty]

You can contact the EEOC or your state's equivalent as suggested by one of the posters but it seems from your post the reason for your termination was not due to your disability.

 

[Zigner]

You can contact the EEOC or your state's equivalent as suggested by one of the posters but it seems from your post the reason for your termination was not due to your disability.

Betty - our OP was not "terminated". Our OP was placed through a temp agency. The temp agency is the employer.

Just to make sure though - dconnerii, who gave you your paychecks?

 

[fairisfair]

Betty - our OP was not "terminated". Our OP was placed through a temp agency. The temp agency is the employer.

Just to make sure though - dconnerii, who gave you your paychecks?

He would still have been "terminated", although it would most likely be called an ended assignment. There is a fine line of co employment, however everyone is still required to follow the law.

I see nothing in this poster's information that even remotely indicates that his termination was illegally based on his disability. His INABILITY perhaps.

You are correct, unless this employee had converted to a permanent status with the client, he was the employee of the agency.

He is of course welcome to pursue it with the EEOC, although no one has even bothered to find out if EEOC regulations apply to this particular employer.

 

[Hot Topic]

When you're looking for a permanent job, you'll often find that having been a temp will work against you. The interviewer will sometimes equate temping with being a "job hopper."

The employer is the agency, not the client. No temp should adopt the attitude that because the employees of the company h/s is assigned to do something that violates company rules that the temp is being treated unfairly if terminated for doing the same thing.

Your employer hasn't fired you, OP. You have no case against them nor against the company that you were assigned to. That you're having money problems is not the temp agency's problem, nor is it the problem of the company you were assigned to.

 

[mitousmom]

To be covered by the federal ADA, an employer must have at least 15 employees.

If the client tolerated your mistakes, absences and frequent breaks before you informed it that you were bi-polar, but not after, you have a viable claim of disability discrimination under the federal ADA. And, as noted earlier, if the client uses a progressive discipline system and has used it with non-disabled, but didn't use it with you, you can also allege that you were treated differently than non-disabled individuals. The client may be able to demonstrate that it only uses that system for permanent employees, but the burden would be on the client to demonstrate that.

EEOC will consider the client and the temp agency joint employers for EEO purposes. The client will have to demonstrate that it did not have sufficient control of the terms and conditions of your employment to be released from liability.

 

[Betty]

Betty - our OP was not "terminated". Our OP was placed through a temp agency. The temp agency is the employer.

Just to make sure though - dconnerii, who gave you your paychecks?

I just used the word terminated as did some of the others posters - terminated & fired was used. She was "termimated" from the job she was doing.

 

[fairisfair]

When you're looking for a permanent job, you'll often find that having been a temp will work against you. The interviewer will sometimes equate temping with being a "job hopper."
The employer is the agency, not the client. No temp should adopt the attitude that because the employees of the company h/s is assigned to do something that violates company rules that the temp is being treated unfairly if terminated for doing the same thing.

Your employer hasn't fired you, OP. You have no case against them nor against the company that you were assigned to. That you're having money problems is not the temp agency's problem, nor is it the problem of the company you were assigned to.

That is SOOOOO not true. Most employers realize that being a temporary employee is going to result in JUST that, having short term assignments, it is in fact probably the ONLY acceptable reason for short tenure. A person who takes permanent assignments and changes jobs often is seen as a job hopper.