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I was fired in April 2017 from a job I had worked for 26…

I was fired in...

I was fired in April 2017 from a job I had worked for 26 years as an armed security officer. I had FMLA that the company had just approved on 3/22/17 when they called me at home on April 6th and stated they were separating my employment because I had not renewed my security license that expired on 3/1/17. I was in almost constant communication with them they never told me to get an extension or anything else. I was under a doctors care for Narcolepsy, I could not go to a firing range and risk falling asleep with a loaded handgun in my hands. I told Securitas that as soon as the doctor and I were able to come to some kind of treatment I would take care of the license then they refused to work with me. The EEOC says its been more than 300 days so I have no recourse? How does more than 300 days change the fact they would not work with me while on

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

Just the EEO C

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am still trying to get unemployment i filed an appeal in 8/2017 and it is just now going to a telephone hearing on the 20th of march

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Answered in 5 minutes by:
3/14/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,208
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 1 month ago
I will be here when you are ready

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Customer reply replied 1 month ago
I wish I could afford a call but am in chapter 13 bankruptcy at the moment due to this fiasco

I'm sorry to hear about your situation. So, generally, the EEOC only gives you 300 days to file a complaint based on discrimination on the basis of your disability. If it's longer than that, they won't be able to investigate your claim at all, unfortunately.

But this doesn't mean you won't have recourse otherwise. There may be recourse through contract law.

This appears to be a violation of the implied covenant (promise) of good faith and fair dealing. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can just purchase, download, and go. Click here to get started.

The statute of limitations is often much longer (4-6 years) rather than through an EEOC complaint.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
Can I take action against the DES division of employment security for letting my appeal sit for almost a year

You certainly could. This to me sounds like a classic case of negligence if they let it sit for a year that caused you harm (there must be a causal link you have to prove). Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 1 month ago
No i thank you for this I am going to run with it they Securitas have harassed me for years over FMLA I am not going away quietly!

The pleasure is all mine! Best of luck against Securitas. Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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