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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I WENT ON MEDICAL LEAVE MTHS AND WHEN I CAME BACK THERE

Customer Question

I WENT ON MEDICAL LEAVE FOR 3 MTHS AND WHEN I CAME BACK THERE WS A NEW MANAGER. I HAVE WORKED 10YRS FOR THIS CO.WITHIN 3 WKS I WAS WRITTEN UP 3TIMES AN FIRED.SHE FIRED ME BY PHONE ON MY VOICE MAIL.WITHIN 10 YRS I HAVE WORKED UNDER 4 MANAGERS AND NEVER BEEN WRITTEN UP.I WAS GOING BY STORE POLICY EACH TIME SHE WROTE ME UP. I ALWAYS WAS A GOOD WORKER I GUESS SHE JUST DIDNT LIKE ME . I WANT TO ***** CAN SUE FOR WRONGFUL TERMIINATION AND DISCRIMATION.
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.
I am sorry to hear that you were terminated. If I may ask, in your personal opinion, why do you think you were terminated--was it simply because she didn't like you or was it something else?
Customer: replied 1 year ago.
THE P OROLCY IS AT 4PM YOU STOP PUTTING UP STOCK ORRECOVER ANYTHING ONTESLE YOU ARE DOING AND FOCUS ON GETTING STORE RECOVERED AND CLEAN BEFORE WE CLOSE AT 9.THE 1 OR 2 DAYS SHE WORKED ME, SHE ALWAYS LEAVE STOCKS FOR ME TO DO AND I SAID AFTER IGET MY RECOVERY DONE AND CLEAN THE FRONT EAN I WOULD DO WHAT SHE ASK IF TIME PERMITS. I DIDNT GET TO IT AND SHE WROTE ME UP
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi,
So at least it looks like she has a valid reason. What do you think caused the actions? I ask because writing you up is not illegal, and if she claims you are in violation she can indeed discipline without it violating the law. Please advise.
Customer: replied 1 year ago.
SHE SAID SHE DIDNT CARE ABOUT POLI CY NEVER HAVE I EVER HEARD A MANAGER SAY SUCH SO I GUESS SHE DIDNT LIKE WHAT I SAID. I ALWAYS WHEN BY CO. POLICIES WHEN IT CONCERNS THE STORE.
Expert:  Dimitry K., Esq. replied 1 year ago.
I see.
Final question if I may. Did you contact HR over this, and if so, what was their position?
Customer: replied 1 year ago.
yes i did and the d.m.we had ag store meeting and i thought all was good an it got worst
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up.
I was hoping that you would have more evidence that would point to behavior that can clearly be shown to be illegal or discriminatory, such as terminating you due to your gender, race, religion, and so forth, but your facts do not show it. Likewise I was hoping that an argument could be made that this was somehow caused by your disability, but facts likewise do not show it (although my personal gut instinct is that your leave had something to do with this change in behavior). As such, unless you argue 'retaliation' and point to disability, I do not see it as 'wrongful termination' because her behavior against you is not illegal, and if it is not illegal there are no grounds to seek. Not liking someone is not against the law, and it is also not discrimination. But if you can link your disability to their behavior then you may have grounds to bring up with the EEOC and pursuing against the employer directly.
Sincerely,
Dimitry, Esq.