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(North Carolina) Got fired from work for having arthritis... even though I don't have it. (self.legaladvice)

thebeckydhsj133221 が 投稿

I've worked for the same firm for 8 years now but got fired on Tuesday by my boss, he invited me to come into his office and told me in person "You're fired, you've got arthritis. I don't want arthritis here. Leave the premises now you won't be paid."

I haven't got arthritis at all, I've had to have a medical check for a certain part of my job anyway. It says I'm medically fit and proves I don't have arthritis.

I'm an IT admin for the company.... I've noticed my boss had been sending people a circular email with links to arthritis-related sites and using arthritis-sites in company time (I'm an IT admin and part of my job is blocking sites).

I know about firing at-will etc. but I want to keep my job and I'd had no conflict with the boss before now and really I want my job back, the company was a great place to work for.

How can I prove to my boss that I don't have arthritis, and do I need legal action to be taken?

I was considering hiring an attorney but don't know what to do next; please guide me on this.

Ninja edit: I'm actually a woman.... should have said 33/F if that's relevant.

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[–]PM_ME_HOLE_PICS 161 ポイント162 ポイント  (4子コメント)

What the fuck? Hahah, that's bizarre. But ooookay.

You should contact an attorney, because he's clearly discriminating against you based on a disability... even if you don't actually have it.

[–]Mumbleton 32 ポイント33 ポイント  (0子コメント)

Reminds me of this case about mistaken political discrimination: http://blog.skoler-abbott.com/2016/06/02/u-s-supreme-court-reinstates-police-officers-claim-that-he-was-fired-for-political-activity/

It's worth reading the article itself, here's my bad summary. Police officer was fired for picking up a political sign for someone his boss didn't like, however, he was only picking it up for his mom. Officer challenged it under first amendment grounds and (you can't make this up), the government argued that since he didn't personally support the candidate and so wasn't ACTUALLY practicing political speech, then he was not entitled to first amendment protections. The Court disagreed.

[–]rvaducks 4 ポイント5 ポイント  (2子コメント)

Is this true? Is there case law you can cite?

[–]NoThereIsNone 33 ポイント34 ポイント  (0子コメント)

It's in the ADA--even perception of a disability isn't a legal reason to fire somebody.

[–]weepingreading 5 ポイント6 ポイント  (0子コメント)

Richardson v. Chicago Transit Authority is an interesting case about this and the nuances of the perception of being disabled under the ADEA/EEOC, as well as obesity potentially being considered a disability. Pretty interesting case.

[–]WOWStreet 100 ポイント101 ポイント  (0子コメント)

"You're fired, you've got arthritis. I don't want arthritis here. Leave the premises now you won't be paid."

If this actually happened you need to contact a labor/employment attorney now.

You won't be going back to work there but if they did fire you because of a medical condition (even if it's one you don't have) you have a big fat claim against them. They can't fire you because they're scared of arthritis. If you had it? They might have to deal with it. Since you don't and they fired you? RELEASE THE HOUNDS.

(I hope the mods find the humor in this and agree with me.)

OP.... you need to talk to a lawyer. They can't fire you because they think you have arthritis or leprosy or hepatitis or aids or anything else

Talk to an attorney and go after them.

[–]kayleigh666 47 ポイント48 ポイント  (3子コメント)

I have no legal advice for you, but... does your boss thing arthritis is contagious or something?

[–]ghoulishgirl 17 ポイント18 ポイント  (1子コメント)

I am wondering if he is showing some signs of dementia. It seems like a very off-balanced thing to focus in on.

[–]PasDeDeux 4 ポイント5 ポイント  (0子コメント)

The differential is broad but I agree that op's boss could use the attention of a psychiatrist.

[–]NoJelloNoPotluck 8 ポイント9 ポイント  (0子コメント)

OP is in IT, so maybe the boss thinks OP is going to file a bunch of workers comp because all the time at the keyboard?

[–]jarlrmai2 23 ポイント24 ポイント  (20子コメント)

You need to get the reason in writing.

[–]thebeckydhsj133221[S] 20 ポイント21 ポイント  (18子コメント)

I've got it in email. BTW, I'm a she... my username indicates this.

[–]virak_john 58 ポイント59 ポイント  (10子コメント)

To be fair, usernames are rarely indicative of anything.

[–]LocationBoat 48 ポイント49 ポイント  (6子コメント)

Speak for yourself, brother.

[–]erfling 21 ポイント22 ポイント  (0子コメント)

You have been subscribed to coat facts.

[–]BrowsOfSteel 9 ポイント10 ポイント  (0子コメント)

What can you tell me about maritime law?

[–]ALWAYS_ANGRY7 1 ポイント2 ポイント  (2子コメント)

DID YOU JUST ASSUME HIS GENDER

[–]RestingMurderFace -2 ポイント-1 ポイント  (1子コメント)

Don't argue with locationbot. It makes you look silly(er).

[–]virak_john 0 ポイント1 ポイント  (0子コメント)

What makes you think I'm a man?

[–]No_Eulogies_for_Bob 2 ポイント3 ポイント  (0子コメント)

This is true. Source: am chick.

[–]superthighheater3000 1 ポイント2 ポイント  (0子コメント)

Mine is perfectly legit.

[–]SirKrotchKickington 0 ポイント1 ポイント  (0子コメント)

Sais who

[–]jarlrmai2 35 ポイント36 ポイント  (3子コメント)

That's great, not sure I referenced your gender in my comment though. I hope you get it sorted out.

[–]random_side_note 14 ポイント15 ポイント  (2子コメント)

I think OP was responding to BananaMan, and clicked the wrong reply button.

[–]jarlrmai2 4 ポイント5 ポイント  (1子コメント)

Ah I didn't see that as I was replying from the context view.

[–]recipriversexcluson 3 ポイント4 ポイント  (0子コメント)

That email is GOLD. Store many copies, with all the headers.

[–]keylin2174 2 ポイント3 ポイント  (0子コメント)

Are you sure your boss didn't just leave his computer or something open and a coworker decided to play a prank based off all these authorizes spam the boss has been sending?

[–]OutsmartBullet -1 ポイント0 ポイント  (0子コメント)

Did you just ASSUME your own GENDER?

[–]BananaManLordOfBanan 4 ポイント5 ポイント  (0子コメント)

Her attorney needs to get evidence indicating that he was fired for a protected reason*

Edit: I don't typically read usernames, sorry.

[–]i_do_i_do_let_u_bang 28 ポイント29 ポイント  (0子コメント)

If you were truly fired due to a disability (whether you have it or not), you probably have a case. You can speak to an attorney and/or file a claim with the EEOC.

The North Carolina Equal Employment Practices Act prohibits an employer from discriminating against an individual on the basis of his or her disability (NC Gen. Stat. Sec. 143-422.2). The North Carolina Persons with Disabilities Protection Act also prohibits discrimination against individuals with disabilities.

[–]nclawyer822 8 ポイント9 ポイント  (0子コメント)

Your (former) boss is an idiot on multiple levels it appears. Speak with an employment discrimination lawyer ASAP. They can't get you your job back, but can seek money damages. You have a duty to mitigate your damages so start looking for a new job ASAP.

[–]poppalopalov 6 ポイント7 ポイント  (5子コメント)

You have been fired illegally and have a cause of action for wrongful termination. Even if you had arthritis and it affected your performance to the extent that it rose to the level of a disability your employer would be required to make accommodations to that you could continue working. Anyway he certainly can't fire you for getting sick. Lawyer up.

[–]NoThereIsNone 3 ポイント4 ポイント  (4子コメント)

To be clear, the employer isn't required to make accommodations so that the employee can continue working; the employer is required to engage in an interactive process to identify reasonable accommodations that don't present undue hardship to the business. It's legal and possible for an employer to be unable to accommodate a disability and to have to terminate the employee.

[–]WarKittyKat 6 ポイント7 ポイント  (1子コメント)

Right - but the employer can't fire someone who is capable of doing the job, with or without a reasonable accommodation. If they had tried to accommodate OP they would have realized she doesn't have arthritis.

[–]NoThereIsNone 2 ポイント3 ポイント  (0子コメント)

Right, you can't fire somebody for being perceived to have a disability if they can do the work. The poster I was responding to had a phraseology that suggested accommodation is always mandatory, and I was clarifying that it isn't.

[–]poppalopalov -3 ポイント-2 ポイント  (1子コメント)

To be clear, you seem pretty anal retentive.

[–]NoThereIsNone 0 ポイント1 ポイント  (0子コメント)

Thank you for correctly omitting the hyphen from "anal retentive."

[–]Computermaster 2 ポイント3 ポイント  (0子コメント)

Does he think arthritis is contagious or something?

[–]mrhlkb -1 ポイント0 ポイント  (1子コメント)

HB 2 eliminated wrongful discharge as a cause of action under this statute. It also changed the language from disability to "handicap." The only remedy is an EEOC complaint.

The problem with the claim is that I am not sure firing someone for mistakenly thinking they have a medical condition that they do not have is a violation of the ADA or NC law. I am just uncertain as to whether arthritis would be a qualifying condition as a disability. The ADA does not protect you from termination for a medical condition which is not a disability. It protects you from termination when a reasonable accommodation could be made. In other words, I am not sure that either statute provides specific protection. You might have had more protection under the law prior to HB2 but I think wrongful discharge claims in violation of public policy are largely eradicated under that bill.

That being said, I think you should call an attorney. You can look for one through the NCAJ here: https://www.ncaj.com/index.cfm?pg=FindALawyer

[–]Rabl 0 ポイント1 ポイント  (0子コメント)

The problem with the claim is that I am not sure firing someone for mistakenly thinking they have a medical condition that they do not have is a violation of the ADA…

"Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities…. An individual with a disability is a person who [] has a physical or mental impairment that substantially limits one or more major life activities [or] is regarded as having such an impairment." Facts About the Americans with Disabilities Act (emphasis added).

[–]alu_pahrata 0 ポイント1 ポイント  (1子コメント)

You have it in email? Because if you do, then you basically have a lawyers wet dream.

[–]kolkolkokiri 0 ポイント1 ポイント  (0子コメント)

She said they did.

OP should go out with some friends of a drink and laugh at this. IT will make finding a new job easy(ish) and this in fucking writing is going to come with some some new year pay out.

[–]LawyerLou 0 ポイント1 ポイント  (0子コメント)

Under the ADA you cannot be fired solely because of a disability or the erroneous perception of a disability. The key issue is whether you can perform the essential functions of the job with or without a reasonable accommodation. It would appear that you have a terrific case. Get an attorney.

[–]TheresNoCakeOnlyFire 0 ポイント1 ポイント  (0子コメント)

On a side note, do you know anyone he is related to? Perhaps he's getting dementia or something and acting out in weird ways because he's ill? I mean, I'm sure you could care less since you've been fired, but it may help him out and you could get your job back without having to go nuclear option?

Otherwise I'd say labor dept immediately.