Wrongful termination? or something

What is the name of your state (only U.S. law)? San Francisco, CA

So I worked at a left handed store, during my time working there my health began to slip, I had to start taking medication and working shorter shifts. I started taking my sick pay and my manager looked at me like he was disgusted, the next week I come into work and my hours have been severely cut and I had a meeting with the owner and my manager immediately after my shift. My condition is worsened when I have to use the rest room, I was going to use the rest room, focus my mind and go to the meeting. Instead the manager escorts me from the store to the meeting. I feel the beginning of a panic attack coming on. They hit me with a reprimand for inproper language in a communication log and a negative attitude. They berated me and were trying to say I had never told them about my medical condition, I kept my manager up to date, every step of the way. I try to explain calmly about my condition, how I can't work 8 hour shifts at that time, that I needed to be able to use the rest room when I had to (there would sometimes be 2 hour gaps where I couldn't use the restroom), that working morning was better than nights and that I was on antidepressants and trying my best to be there for them. They said they understood, but kept pushing me to sign the reprimand. I was in full on panic attack mode by this point, trying not to cry in front of them, I told them I was having troubles sorting out my thoughts right now, but they kept urging me to sign, saying the owner had some where to be. I was too flustered too wright anything in my defense and just signed the paper. The next week I had fewer hours and they were all at night (with a 2 and a half hour gap where I couldn't use the rest room). They completely disregarded my medical condition as I told it to them and scheduled me the complete opposite of what I had pleaded to them for. For the next few weeks I was on night shifts and my mental and physical health was slipping. We were having a store meeting and I was voicing all my concerns about the store, products, promotions, stuff of that nature. She completely batted away all of our questions making it very obvious that she wanted to talk not listen. She said something I had a lot to say about so I silently raised my hand, she told me to put my hand down while she was talking. I told her that this is a free country and that I'm sitting and waiting for my turn to speak, she then told me to get out of the meeting, and kicked me out. The next week I was scheduled one shift, I switched with someone and my manager asked me to come in the next day, not to work. I was given a final termination notice. I feel like I was very very wronged. I have many doctors notes from that period and the doctor actually made me take some time off, which I didn't use any sick pay on. They say it was about my attitude but it seems that they didn't like me using my sick pay, or didn't believe I was sick. Is there anything I can do?

How many employees does the company have within a 75-mile radius of your job site? At least 50?
How long have you worked there total?
In the 12 months immediately preceding your absences, did you work at least 1,250 hours?
What is your medical condition? IBS?

pattytx said:

How many employees does the company have within a 75-mile radius of your job site? At least 50?
How long have you worked there total?
In the 12 months immediately preceding your absences, did you work at least 1,250 hours?
What is your medical condition? IBS?

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There are 3 stores within 100 yards of each other with about 10 employees each, they also have store in reno, vegas, and hawaii. I'm not sure about 50 but it is somewhere close to that.

I worked there from Aug 09 to June 10.

I didn't work for twelve months after, it was about 2 or maybe 3 months.

My condition was basically extreme panic attacks, due to the medication I was taking I used the rest room alot more often (also I believe I had some bladder damage from having to stand and hold it for hours some times.

The Nevada and Hawaii stores don't count, and unless there are at least 50 employees at the three California stores you mentioned, the employer wouldn't be subject to the FMLA/CFRA regarding leave for a "serious medical condition". So, that's out.

However, the employer has more than enough employees to be subject to the ADA and my understanding is that California has even stricter definitions of a "disability". Were there any discussions with HR regarding your "disability", including documentation from your physicians about what accommodations (more restroom breaks, a short leave of absence, for example) might have allowed you to continue doing your job as you otherwise had been?

No they have no HR, at least none that I ever spoke of. Every thing I told them about my condition was just disregarded which is why I recorded the meeting I was asked to leave as well as my final meeting to sign my termination papers. There was an instance where I was having a panic attack, this was before I knew what they were, so I called my manager on the phone and told him I needed to go immediately, I was literally on one knee trying to ring customers up. He came in giving me weird looks and asking me very probing questions. A coworker happened to come in early so I was able to leave. However later in the day the manager came back and was asking my coworker if he thought I was faking or knew anything about what I was talking about. At the first meeting where I was reprimanded the manager said I never told him about my condition. I brought to his attention that he saw me on the floor having one and he waved it away like it didn't happen. After that I also noticed employees at the other stores distancing themselves from me, people that would give nice hellos stopped and the like. It really made the situation worse and I have it from several sources that my manager was bad mouthing me for being lazy and wanting to get paid for not working.

I suggest calling the Dept of Fair Employment and Housing and discussing filing a complaint. You also may want to contact an employment attorney to discuss the situation. If the DFEH gives you a right to sue letter, you don't have much time to file the suit.

So what is your question exactly? It appears as though you are quitting instead of asking for protection under ADA. That is certainly your right, but your employer is not obligated to accomodate you unless you ask for it, provide medical backup, and tell them specifically what is needed. The ball is in your court.

Not the way I read it.

I was given a final termination notice.

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I do agree, however, that you should not quit. Worse comes to worse, let them fire you. In the meantime, you may want to discuss accommodations under the ADA. Hopefully, whoever handles personnel matters will have a clue as to what that is.

I didn't quit I was fired, terminated, asked to not return. I'm osrry for the misunderstanding.

Did you ever advise your doctor that the subscribed medication was causing you to use the restroom constantly and ask if he or she could prescribe a substitute? Your belief that you "may" have damaged your bladder from having to "hold it" for "hours" is your belief, not medical fact.

Hot Topic said:

Your belief that you "may" have damaged your bladder from having to "hold it" for "hours" is your belief, not medical fact.

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Perhaps, byt it is a medical fact that "holding it" CAN cause bladder and kidney problems, especially for women, and California is pretty quick to find "perceived" disability. Why I suggested discussing with the DFEH and/or an attorney.