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I have worked for a company for a little over 6 weeks, and

yesterday, I called in sick...
I have worked for a company for a little over 6 weeks, and yesterday, I called in sick with a migraine. My District Manager took the recorded message to Corporate and let everyone there listen to it, and it was decided that I sounded so sick that I couldn't possibly come back to work until next Tuesday, although I was going back today. The District Manager called me this morning and told me in a very condesending way that I am not to come to work until Tuesday, and then I have to bring a Dr. note or not to come at all. This same DM has cussed me out on 3 separate occassions in the short time I have worked for this company, and is always very hateful to me. I feel violated from him letting everyone listen to my voicemail for one thing, and for not letting me work, therefore taking money away from me for another. Also, cussing me out makes me feel very stupid and small, when he knows I cannot say anything back to him. Do I have any kind of case here?
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Answered in 11 minutes by:
9/13/2013
TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
Experience: Contracts, Wrongful termination and discrimination
Verified
Hi,

My name is XXXXX XXXXX I will be assisting you with your legal question.

I think the best thing here is to start with an explanation of the law in this area and then discuss your case in particular. In Texas, and throughout the United States, employment law heavily favors the employer in most situations. Unless the employee has a contract which provides that the employee may only be terminated for cause, the law will hold that the employee's right to work falls under the At Will Doctrine. The At Will Doctrine provides that an employer may terminate an employee for any reason whatsoever, even if it is a false reason. The only limitation on this is that an employer may not terminate an employee because of discrimination based on race, color, religion, sex, military status, national origin, disability, age, or ancestry of the employee.

Further, the US Supreme Court has repeatedly held that the anti-discrimination laws are not meant to insure that employers provide a nice place for their employees to work, or that they ensure that their employees are treated fairly. The law allows for your employer to treat you in a completely unfair, arbitrary and downright mean manner, as long as it does not cross into illegal discrimination. The legal remedy for the employee in a circumstances of a hostile work environment which is not based on illegal discrimination is to simply quit.

In your case, you might have an ADA claim if you are able to show that your migraines are actually a disability. How often do you have migraines and are you under a doctors care for them?
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Customer reply replied 4 years ago

Yes, I actually have a Disability Hearing on December 12th, which of course, my employer does not know anything about. It is for migraines, extreme stress, and depression. That is why it has been so hard for me to put up with this man and his treatment of me, but I do have to have money to pay my bills somehow between now and December...............


Tina

Thanks for your reply Tina,

Here's what I would do in your shoes. I would go ahead and get a doctor's note and go back on Monday if you are able to. The doctor's note should state that you have migraines which are at a disability level, and that you will need from time to time reasonable accommodations for your condition.

This puts your employer on notice that you have a disability which triggers protection for you under the Americans with Disability Act. Further acts by your employer or your manager could allow you to claim discrimination under the ADA and file and EEOC claim against the employer.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
Experience: Contracts, Wrongful termination and discrimination
Verified
TexLaw and 87 other Employment Law Specialists are ready to help you
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TexLaw
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Category: Employment Law
Satisfied Customers: 4,430
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