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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41220
Experience:  I provide employment and discrimination law advice in my own practice.
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I was fired because a nurse that was one of my employees called

Customer Question

I was fired because a nurse that was one of my employees called me on my day off and rambled on about saying she was going to go to another hospital to make more money. I didn't have my hearing aids in and don't recall what she said because I couldn't really hear her and I zoned her out once she started in. I only came back in to the conversation when she said "and you will help" and I asked her you want me to help you to apply?? which I absolutely would not. However, she went to the Dept. Chair and said that I told her to apply at the other hospital and use that offer as leverage against the clinic I work for. I was fired because after an absolute non-thorough IA, the dept. chair believed the nurse. There was no one else on the phone, no evidence, no smoking gun. Just a he said she said and the doctor doesn't want to do the work the nurse does. I'm the third manager in four years due to this nurse. However, I was fired for a conversation that I did not hear and I am guessing was her standard one-sided ramblings so she heard what she wanted to hear. I could have just been doing a usual yeah yea, haha when I'm not really paying attention because I couldn't hear her, but I never would tell an employee to do what she states. This employer fires people left and right and has a horrible reputation. Can I file an EEOC complaint?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
The answer that I am going to provide will likely not be favorable, so I ask that you do not blame the messenger. Also please be aware that I am going off solely from the facts provided in your question.
For you to be able to file an EEOC complaint you must show that you were terminated due to a factor that was somehow illegal under state or federal law, such as due to your age (if 40 or older), gender, race, religion, national origin, creed, sexual orientation, or disability if any. And I am not seeing any of those factors play a role. Even arguing that you were fired due to a disability of not being able to hear, a claim for disability is based on a condition where it does not relate in any way to your position. For example if a bus driver was terminated due to glaucoma, that is NOT a violation since he needs his eyes to drive the bus correctly. Likewise, terminating someone over lack of hearing if hearing is an integral part of the job is also not discriminatory. It only becomes discriminatory if the issue did not affect employment, for example terminating the bus driver over cancer which did not affect productivity. So while you can try to file an EEOC complaint, I am not yet seeing enough from your facts where the agency is likely to come back and side with you over a claim that this was a wrongful termination.
Sincerely,
Dimitry, Esq.

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