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zer0netgain
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26 Apr 2014, 8:39 pm

I won't give too many details because I'm filing a discrimination complaint against the owner and the company holding the franchise.

I got a job doing something I was really excited about. The manager was assigned by corporate and would spend the next year at the soon-to-open business. He reviewed the applications, made the hiring decisions, trained, etc. He found me to be enthusiastic, and with my background, a good candidate for running the place overnight when there would not be any supervisors about to ensure the job was done correctly.

On the 4th day, the owners showed up. There was no more contact than a group introduction of them to the four of us hired so far.

I show up today, and the manager comes out and tells me that I'm not longer working there. When I press for a reason for why I'm losing my job, he can't give one other than that the owners felt I was not right for the job.

I was mastering everything they were training me to do. I hadn't violated any rule or policy that they could point out. They needed several more people for when they opened. I didn't have any customers or prospective customers complain about how I interacted with them. I had no complaints from co-workers.

The owners took their "gut reaction" to me and decided to give me the axe.

I know technically an employer can terminate a person for any reason, but not if it violates certain laws. The owners did not sit down with any of the employees and discuss any concerns about their employment. The owners offered nothing articulate other than (as the manager said it) "You don't look like you should be here." If they decided to terminate me because of how I made that first impression when we were introduced, this tells me their reason could be entirely prejudicial. If they felt I was "weird" or "odd" and that was their reason to dismiss me, then they are discriminating against someone for being autistic.

I don't know if anything will come of the complaint, but I'm not taking this sitting down. I needed this job. I wanted this job. I was doing the job, and if they didn't want me, then all the hiring should have been done through them, not the manager. They have no experience (to what I know) running the business...they just bought the franchise. Well, I'm going to give them a lesson on discrimination law. They want to be jerks, I can be just as big a jerk right back.



NotThatClever13
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27 Apr 2014, 12:06 am

Good luck with your case. We do tend to get discriminated against quite often but usually we don't have any proof of it. In your case it sounds like you might have a good chance to pursue some justice. It's so frustrating that we live in a world where we are discriminated against for being weird or odd. It should be about your job performance and your skills, not about someone perceiving you being odd. This stuff makes me angry.


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starkid
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27 Apr 2014, 5:54 pm

I'm glad to see that you're standing up for yourself. The reason they gave for firing you sounds prejudicial.



kraftiekortie
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27 Apr 2014, 7:00 pm

WTF? That's crazy! What field are you in? Are you in the US? I hope you win your case.

Don't let this deter you. Keep your head up. Please don't give up!



tarantella64
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27 Apr 2014, 9:43 pm

Did they know about your AS?

Unfortunately, most states are right-to-work, which means you can be fired for any reason or none unless you're covered by a union agreement -- or you're covered by EEOC. For that to work, though, they have to know about the disability and then skip the necessary steps to accommodate it.



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27 Apr 2014, 10:32 pm

Goodness that situation would suck in my eyes. The reason for dismissal given is not enough to justify letting you go, especially after considerable training and not even a week on the job.

Its unlikely discrimination based on knowing being on the spectrum, if it was disclosed then sacked soon after then that's good evidence for discrimination. But to me, how this was described feels like the employer didn't feel that you didn't fit for other reasons. Stuff happens and that's sad.

Keep fighting for the answers you need until satisfied, by all means keep us updated. :)


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ASPartOfMe
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28 Apr 2014, 3:12 am

zer0netgain wrote:
I won't give too many details because I'm filing a discrimination complaint against the owner and the company holding the franchise.


tantertella64 wrote:
Did they know about your AS?

Unfortunately, most states are right-to-work, which means you can be fired for any reason or none unless you're covered by a union agreement -- or you're covered by EEOC. For that to work, though, they have to know about the disability and then skip the necessary steps to accommodate it.


I don't know your details or where this happened. But if it was in most places in the United States and the company did not know you are autistic the lawyers won't even bother to take your case. If they want to they can fire you because they don't like the color of your shirt. The USA public willingly turned against the unions for legitimate reasons and for reasons they were brainwashed to believe and this is the result.

If you do file you better make sure you win because it is most cases you will be blackballed because companies would not want take a chance on you suing them. Best thing to do (if you have no case) is to repeat whatever you did to get hired and hope for better luck the next time.

I know if you follow my advice will you feel humiliated as a human and emaciated as a man and you have every legitimate reason to feel that way. It made me feel that way to give it. But BASED ON THE INFORMATION YOU GAVE US I felt I needed to give you advice based on reality not emotion and not give you false hope.

I hope I am wrong and good luck.


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zer0netgain
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28 Apr 2014, 5:08 am

Well, you are all correct in that they did not know about AS, but US law states we do not have to disclose our condition and they are not allowed to ask about having a disability other than inquiring as to if we can do the job with or without reasonable accommodation.

The EEOC is inclined to take on cases against big name employers because they want the headlines.

I also point out that firing someone for no good reason is contrary to any proper Human Resources policy. Normally, once you are hired, there is a valid reason to terminate your employment. You either did something wrong, or you are not doing something expected of you. The manger did not fire me because of any of this. The owners made the call after their initial impression of meeting me.

Whatever issue/concern they had was never discussed with me as to see if it could be remedied.

This was a gym. There were three other people working in the same capacity as I was when this happened.

If they say it was because I looked "too fit" for the job, there was another girl just as fit who was in school to become a physical therapist. If it's okay for her to be fit but not a man, that's sexism.

Two of the others had tattoos. The woman covered hers up (although you could see the one behind her ear), and the guy had one of a barcode on the inside of his wrist. If they said I would make people uncomfortable, why not fire any employee with tats?

If they feel I was "overqualified," well ALL OF US were overqualified to sit at a desk, check people in and keep the gym tidy.

I know it might be a stretch, but if their issue is little more than "he seemed odd," then they would discriminate against anyone who is autistic because that's how we come across to most people. That means they are prejudiced against anyone not NT. Proper diversity training would address this issue, and that it was the OWNERS who had not spent any time with me and not the manager who made the call to terminate me, I'm thinking the franchise needs some education about diversity in the workplace.

Yes, the state is a "right to work" state, but that doesn't allow you to violate EEOC rules. Frankly, it was really chicken poop for them to let the manager do the firing rather than face me in person and tell me themselves. The manager had no issue with me.



kraftiekortie
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28 Apr 2014, 8:51 am

Sorry for being so technical:

It's not called "right-to-work"--that means you have the right NOT to join a union.

The correct term is "Employment At-Will."

I wish you luck in your quest. Perhaps you could collect Unemployment, in the meantime?



namaste
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28 Apr 2014, 1:06 pm

i was humiliated during appraisal process i was crying for half an hour and more
but they didnt stop the appraisal process they kept on grilling me left and right
which is humanitarily wrong.
but in India there are no laws
and i dont have guts to fight it out

I do feel i should complain to the HR
but i am scared too.

I dont know about US laws but whatever you decide
plan carefully and then do.


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zer0netgain
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28 Apr 2014, 7:27 pm

kraftiekortie wrote:
Sorry for being so technical:

It's not called "right-to-work"--that means you have the right NOT to join a union.

The correct term is "Employment At-Will."

I wish you luck in your quest. Perhaps you could collect Unemployment, in the meantime?


The same holds true with "at will" employment. Everyone really is an "at will" employee, and it's easy for fire someone for cause if you sit down and think up a reason. In any case, you still can't terminate for a discriminatory reason. When you leave the reason for termination blank, it leaves you open to exposure.

Try firing the only black person at an all-white worksite and see if "at will" protects you.

I can't get unemployment because I don't have enough credits. Worse is that I turned down a couple of opportunities because I had this job going on when the offers came in. So, they didn't just take away my paycheck, but they cost me other opportunities.



kraftiekortie
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28 Apr 2014, 9:22 pm

I'm sorry this happened to you. I guess all you could do, while you're pursuing this litigation, is to look for another job.



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30 Apr 2014, 4:48 pm

zer0netgain wrote:

The same holds true with "at will" employment. Everyone really is an "at will" employee, and it's easy for fire someone for cause if you sit down and think up a reason.

This is why I am SO glad I work in a union right now because I believe I am being set up for failure but there is little my superiors can do because of my senior status in the union. I have never been fired but I was railroaded out of my first job after 6.5 years because I became too intelligent and outspoken and I eventually found out I was far from alone. Of course, they never said that was the reason but instead wrote me up for EVERYTHING after over 6 years of outstanding service, with two customer service awards and four awards from coworkers. 10 Seconds late coming back from lunch due to helping a customer? Write up! Driving the forklift 0.5 km/h over the speed limit when most go 10+? Write up! Going above and beyond outside your department? Write up! That's not to mention how I was framed for giving away a boatload of specialized product I would never touch with a ten foot pole "accidentally" at a 90% discount because EVERYBODY knew I was the most honest employee they had and would never steal or cheat under any circumstances. I didn't believe the conspiracy theories until I became a target! They will literally use any angle they can on you and at least two of my bosses were outright psychopaths. The rest drank and smoked heavily and I understand why.



zer0netgain
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02 May 2014, 9:43 am

GiantHockeyFan wrote:
This is why I am SO glad I work in a union right now because I believe I am being set up for failure but there is little my superiors can do because of my senior status in the union.


Glad the union is looking out for you, but I've seen the same thing done to people in unions.

Like anyplace else, if the bad actor telegraphs their intentions too soon, their victim can take steps to protect themselves from it.



SquidinHostBody
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03 May 2014, 12:29 am

If you are going through with the case, I wish you luck. That being said, depending on the state laws, they don't have to have a reason to fire you. Alabama is a good example. Here, a business owner can wake up on the wrong side of the bed and terminate his entire staff. And since it's been established that they had no knowledge of your handicap, you can't hit them there. What ASPartOfMe mentioned holds true. Even if you fail in your case, you will be branded, and it will hurt your chances for further employment, provided your next employer looks into your history.

I know it's easy to feel like the world is against you, but I would highly recommend dropping the case and chalking it up to a bad experience.
Dust yourself off and try again. After all, you were only four days into employment when they let you go. There wasn't really any stake into the job in the first place, right?



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03 May 2014, 12:44 am

Think of it this way: if the owners of the company would treat a new employee with such blatent disrespect and disregard, is it truly a company you want to work for? My suggestion: take the bad experience in stride, and look for another job. Perhaps there is a competitor's gym that could make better use of your "enthusiasm"? :D

With regards to pressing charges and all of that, be warned that it is a messy business that will potentially cost you far more than you will gain. Keep that in mind before going down that path.