Wrongful Termination?

[Mom_Whitelake]

What is the name of your state? Michigan
I have worked at a large retail company for 14 years, 10 consecutively as of April 1st. This company has a large turn around of store directors and I have had more than 8 in my time there. I was a manager for a fast-paced department in the store. In all of my years, I have had no prior writeups for anything. Recently the standards for my department have increased to virtually impossible levels and they are losing managers for this area left and right throughout the chain. They can't even replace the ones they have lost. I have attempted to do my job the way they want and have multiple copies of proof of my attempts that were not cooperated with. Basically, I became a "witch hunt" where they simply wanted me out of the position. But they could never get anything on me that they could write me up for or terminate me with. Recently, due to mounting pressure, I became enraged and "blacked out" saying profanity about the expectations of my job for the day. I was sent home (it was the end of my shift) and reported to work the next day. At that time, I was allowed to work for 2 hours before attending a meeting about my cursing the day before. I was sent home with instruction to await a phone call or show to work the next day. I went home and immediately made an appointment with a psychiatrist to figure out my mental status. I was diagnosed with an anxiety disorder and immediately given 2 weeks off for recuperation. This leave was approved through the company. On return to my work, my meeting was delayed one more day with the offer of using a personal day for the day that I was to begin work after my leave of absence. The following day, I attended a meeting that informed me that the decision was made to terminate me. No documents have been presented through the case and still. Apparently it was violation of the "language sensitivity clause (created in 1984)" which is not in my copy of the employee handbook (revised 2006) and when this clause was finally located, it states that violation may include discipline up to and including termination when repeated disregard to correct the verbal issues happens. I have never been told that this may cost me my job, however, now it has. Do I have reason to be re-employed or to persue this further?

 

[ecmst12]

I think this was a legal reason to terminate you and they were NOT ever required to come up with a phrase from the handbook justifying the termination. As an at-will employee, you can be fired for any reason or no reason as long as anti-discrimination laws are not broken. Having a breakdown and cursing out your boss is certainly reason enough to fire you.

I also think it sounds like you are better off without this job.

You can apply for unemployment, you have at least a 50-50 chance of getting it.

 

[Mom_Whitelake]

New details arisen

Thank you so much for your advice. It made me rethink the situation as a whole. However, after a conversation with a representative from the corporate office I have further questions about the legality of what I am going through.

I recieved a 2nd phone call recently about the Review of Termination letter I sent in pertaining to my case with the company. An outside human resources representative is reviewing the case and gathering facts. After gathering facts from the first phone call, he did a follow up phone call with sketchy questions. He is now focusing on my personality on the job. He is wanting to know what my peers would say about my personality. He also inquired as to how I felt I was on the job, like moody or easy to blow. He focused primarily on what others would say about me, which seems like a gray area and not focusing on the facts of the case. Also he focused quite a bit on my psychiatric appt and who, what, where, when, and the results of. He insisted on having the name of the doctor and the place I went. He also wanted to know whether or not this person was a doctor, or what her title really was. It really seems to me as if this is turning into a discrimination case based on my mental disablility at the time and seems as if this is illegal. All information that pertains to my medical case is easily accessable through the company based on the paperwork I had to turn in to qualify for my disability leave.

The facts of my Review of Termination are simply that I do not feel as though policy and procedure was followed for me as it would be for other employees in my position. Being a company of over 200 stores with thousands of employees, couldn't not treating one employee like another be a discrimination issue in itself?

So my main question is now: Is it lawful for an employer to decide to terminate an employee based on personality profiling and a medical condition, even if it was proved after the fact?

 

[cbg]

Multiple courts have stated that an employer is not responsible for accomodating a condition that they are not aware of at the time, so yes, they can legally fire you because of an issue related to a medical condition that is not even diagnosed until after you are fired.

Additionally, even under the ADA the employer is not obligated to accept behavior that they would not accept in a non-disabled person. Firing you for "blacking out" and shouting profanity is legal, even if triggered by a medical condition, if a non-disabled person would also be fired for shouting profanity.

You STILL don't have wrongful termination.

 

[Mom_Whitelake]

Ok

Ok, I appreciate where you are going with this. I suppose that it is ok to fire one person for it and give another a warning. And there is no proof that I even said those words, no witnesses. My word against his. Also, the medical condition was proved before the termination. But thank you for the advice. It gives me an idea of what to do with this.
Have a great day!