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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117359
Experience:  20+ Years of Employment Law Experience
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I was terminated from my job and told during the termination

Customer Question

I was terminated from my job and told during the termination meeting that my supervisor had received negative feedback from all departments that I was "unapproachable, even hostile and people are afraid to come talk to me". I asked for specific examples since the feedback I directly received from employees and managers was the opposite. I was told that they could not give me specific examples. I had told my supervisor several months ago that I have been diagnosed with depression and was struggling with a change in medication. Also, coincidentally, two days before my termination a manager had posted a video on Facebook that I had commented on stating that "I think there were multiple OSHA regulations violated here". I know my comment was seen by one of the members of senior leadership (who happened to be in the termination meeting). I'm not sure if I was discriminated against because of my depression or because of my comment about unlawful practices.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It sounds like both could be the case here. Unfortunately, in these cases there is rarely a smoking gun. This means to have a case, you have to present your evidence of the events of you notifying the employer of your health condition and of complaining about the OSHA violation online and the timing of this action. They would actually have to prove with witnesses and evidence that you had received negative feedback and if you can show that you had received the opposite feedback you can show that their claims are merely a pretext for discrimination and retaliation.
In a case like this, you need to file a complaint with OSHA and the EEOC, the EEOC must investigate and will issue a right to sue letter before you can go to court. So I would get your complaints filed, since you only have 180 days to file your complaint and get the investigation started.