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Ask Maverick Your Own Question
Maverick, Attorney
Category: Legal
Satisfied Customers: 6391
Experience:  20 years experience as a civil trial and appellate lawyer
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I live in Flint Mi and I`m living on SSDI for the last 4

Customer Question

My name is John **** I live in Flint Mi and I`m living on SSDI for the last 4 years. My last job was with **** **** Janitorial Services and I was suspended in 2010 for misconduct on insubordination and making a threatening gesture on the job. It was my second strike out on that job. My first strike out I threw down a chair on the floor and I intended to put all the office chairs down on the floor. It wasn`t an office facility, it was a school building down in **** County. My employer had a contract with **** County Services Agency in **** Mi. He lost that contract within a year and half after I left from down there. It was January 30th 2009 when I messed up the first time. I broke one of those chairs by accident and left some verbal messages because I thought somebody was messing with me and I thought that I should stick up for myself. However I wasn`t really aware of the work place violent rules and when that incident came up I had went through different incidents of BS from April 2008 until January 2009. I had worked down in Howell since June 5th of 2001 and in 2001 until 2005 I was working 40 hours with some occasional overtime. After my supervisor left from **** down there in October 2005 I had some seniority by then other workers started leaving and new workers started after that. By then I was working overtime for over 3 years starting from working 12 hours. Then 10 hours from 2005 until 2006 and then from 2006 until 2007 I was working 11 hours 3 nights a week and 8 or 9 the other 2 nights. From 2007 until fall of 2008 I was working 12 hours then other times 91/2 hours. Between February 2001 and February 2009 I had worked steady without vacation time. By the time I screwed up I was stressed out and needed the time off. I regret not taking the time off when I had the chance back in Christmas of 2008. The first time I messed up somebody had dumped one of those twist and fill bottles out either on purpose which I thought at the time was going on or they did it by accident. So the first strike out I damaged a chair and left verbal messages to the customer which was wrong. I had gone through 26 weeks of angry management and a year and a half I committed my second strike out. Through out 2009 I was doing some what fairly well but by mid January 2010 my hours went down to 32 and a half hours a week and my last employer tried his best at the time to give me some extra hours. It was obvious that I should have tried on my own to either find extra hours or look for another job at the time. At that time 6 years ago I was overwhelm with the ideal of looking for another job. My second strike out they wanted me to pan broom some rooms because they were going to have an open house at one of the school buildings over there at **** Elementary School. The rooms were really messed up and I without thinking about what I was suppose to do at the time I just thought that trying to clean with broom and dust pan was dumb and went and got the vaccumm sweeper or back pack. When management came to me they told me not to vaccumm and I made a threatening gesture by squessing my fist in front of me in front of my bosses secretary who was working in place of some worker who left without notice. The school where I was working at at the time was **** Elementary School in Goodrich. My employer said that what happened should have been workout on the job because that's the best place to workout the problem. However because I was working with women they got scared. So my employer went over some other issues at the time and told me to get conseuling and said that he wanted some kind of written statement that indicated that I was fit to come back to work. The therapist or other doctor that prescribes the meds. Told me not to go back to that employer for fear of a strike 3. My therapist suggested that I go on disability for 2 years and its been 4 years. I had two medical conditions to go through. I had frozen shoulder and had to get most of my teeth taken out to wear dentures. I made an attempt to apply for a job without telling the whole truth about what happened. They were going to check me out with some kind of FYI report. I assumed that they probably found out what happened and there not going to hire me. My question is how do I get out of this mess I got myself into or are my working days over? Thank You and hope you can give me some advice.
Submitted: 12 months ago.
Category: Legal
Expert:  Maverick replied 12 months ago.

The next time you apply for a job tell the truth and let them know of all the therapy that you have done to improve yourself and your medical condition that appears to be causing anger issues at work. If they deny you employment, you may later file a claim against them under the Americans with Disabilities Act if the sole reason you were denied employment is because of your disability.