How to clear my name/termination due to simple misconduct

[Tree19]

But you gave them no proof you needed an accommodation. We also don't know if Amazon Gloves meet the needed standards.

At that time I never thought in need of wearing latex gloves all hours long is such a big issue as knowing that a brand new policy just started a couple of months ago, then I had no preparation for this, 'a proof of accommodation.' Prior to this, working environment is very friendly and nice to get along.

 

[PayrollHRGuy]

A couple of months isn't a "brand new policy" and you don't get to decide what is a "big issue".

 

[quincy]

At that time I never thought in need of wearing latex gloves all hours long is such a big issue as knowing that a brand new policy just started a couple of months ago, then I had no preparation for this, 'a proof of accommodation.' Prior to this, working environment is very friendly and nice to get along.

First, you should apply for unemployment benefits.

Then you should speak to an employment law attorney in your area for a review of the facts leading to your termination.

Good luck.

 

[cbg]

Okay, yes or no.

Did you, or did you not, tell your employer that you had a latex allergy and that was why you needed alternate gloves?

Did you, or did you not, contact HR and let them know of the problem?

 

[LdiJ]

Hello:
I was terminated because of simple misconduct which was I did not follow a brand new policy. The new policy was that I needed to wear Latex Gloves all working hours(8 hours). I am allergic to Latex Gloves and get very sweaty not able to perform my Janitorial works , then I did not wear Gloves except cleaning Bathroom, trash and kitchen area. The supervisor discharged me after one-time warning, even though I worked there for more than 15 years. The place I worked is a large company, NOT hospital. I live in MD.

I want to clear my name/termination, because I am afraid not able to find another, decent job because of 'termination.'
What should I do in this, difficult situation?

Thanks for your help in advance.

The gloves come in a latex and non-latex version, just because quite a few people are allergic to latex. I would have advised you to buy yourself a box of the non-latex ones to wear at work, rather than risking your job.

 

[Zigner]

The gloves come in a latex and non-latex version, just because quite a few people are allergic to latex. I would have advised you to buy yourself a box of the non-latex ones to wear at work, rather than risking your job.

OP stated that the employer would not allow it.

 

[LdiJ]

OP stated that the employer would not allow it.

I missed that. Ok, then somebody needs to nail the employer to the wall over that one.

 

[PayrollHRGuy]

We don't know what the OP said about the latex to the employer. For all we know she said she just didn't like them.

 

[quincy]

I missed that. Ok, then somebody needs to nail the employer to the wall over that one.

It seems like it could be worth an attorney's personal review, at any rate.

 

[commentator]

Did you file for unemployment insurance? I gather that this happened here a while back, so it's time to file for unemployment insurance and let them wrangle through the whether or not the employer had a valid misconduct reason to terminate you. This will go far in establishing whether or not they failed to accommodate your reasonable request for an accommodation, etc. Plus, give you some income coming in perhaps, until you find another job. Do not hesitate to file for unemployment before you speak to an employment law attorney. Anyone can file a claim anytime. Get it done asap. if you haven't already. Don't lose sleep over "clearing your name" or any such crap as that. If you were terminated, it really doesn't go into some great big overall "bureau of misinformation" about everybody who ever worked anywhere in the united states. It is just based on what the last employer says, and if you file for and receive unemployment benefits after such a firing, there's no real downside. You move on,get another job and this one goes by and falls by the wayside.

 

[quincy]

Here, for informational purposes, is a link to the responsibilities of employers to provide reasonable accommodations to employees under the Americans with Disabilities Act:

https://www.eeoc.gov/facts/ada17.html
It is important to remember that an employer must be aware of an employee's impairment requiring an accommodation in order to offer an accommodation.

 

[cbg]

And, unlike FMLA, it is the responsibility of the employee to make the employer aware that an accommodation is needed. It is not enough to say, I need another kind of glove.