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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 33736
Experience:  Employment Law Expert
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I was red with multiple mental health disabilities that, I

Customer Question

I was hired with multiple mental health disabilities that, I have been receiving SSDI for 20 years. When returning to work after a work relate injury. The environment was extremely hostile. My filing cabinet was broken files were missing, my internet access was gone. I feel that they did everything possible to agitate my mental health issues. On 4/29/16 I said to a coworker that I could empathize with office shooters 4 hours later I was asked to leave 3 minutes before the work day was over. It was reported that I threatened my coworkers. This never happened I have been denied unemployment and really think their bullying was against the ADA? What do you think?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It is possible it violated ADA, that is always a fact based issue.

However, did you report the comments to any supervisors before you were terminated?

Customer: replied 1 year ago.
Expert:  Dwayne B. replied 1 year ago.

The problem that you have is that normally the company won't be held responsible for other employee's actions unless you reported them to a supervisor or HR and they failed to take any action. The exception to this would be if the employer told the other employees to treat you this way.

Regardless, if you think you ever want to pursue them then you have to file a charge of discrimination with the EEOC. You can find a local office through their website at

As to the termination, if you made the remark "I could empathize with office shooters" then if they say they terminated you due to that remark and the judge believes them then it will be found a valid reason for termination. Every state except for Montana is an employment at will state which means an employer can terminate you for any reason or no reason, they just can't do it for an illegal reason like because of your race, age, gender, disability, etc.

Your next step is to file the complaint with the EEOC anyway since if you don't do that then you can never pursue them. It doesn't cost you anything to file with them and they will investigate and they may turn up something that helps your case.