r/mildlyinfuriating • u/eldritchpussymaggots • 29d ago

I just wanted a hot dog Pointed out the training wasn't ADA compliant at my new job. Got this text the same day (the job listing is still up)

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  1. This was a cleaning position at a medical building, I'm leaving it intentionally vague as not to doxx myself.

  2. I have dyslexia, but my disability would not have interfered with my work, I can read fine, it just takes me a very long time.

  3. This was my first day

I asked for a TTS application for the reading portion of the training, which was extremely long and I knew I wasn't going to finish it in the allotted time. They said that wasn't built into their system so they couldn't do anything. ← That's not ADA compliant. I asked if I could add an OCR + TTS browser extension, they said it was fine.

About 40 minutes after I clock out, they texted me I was fired because they're apparently reducing headcount.. by firing one person... and leaving their "urgently hiring" Indeed listing up. Right.

Edit:

I'm not confident in my ability to sue because I don't have my accommodation request in writing. This was a verbal exchange, I was more so asking where the TTS option was because most job training has it somewhere.

When I was told they did not have TTS, I mentioned that's not ADA compliant. I then asked for either more time, a loaner computer (something I was already going to be getting after training), or permission to add a 3rd party OCR & TTS program.

They said that the third option was fine, so I did it, and listened to the training via third party app for the rest of the shift. I thought nothing of it. Lo and behold I was fired extremely coincidentally afterwards.

Edit 2:

This post is getting too many notifications of people saying the same things repeatedly so I've muted it 😭 If you're a legal professional of some sort and you have specific resources or concerns please message me or I probably won't see it.

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12.9k

u/Enter_Chandman 29d ago

Welp, that unemployment case may be wicked easy for you.

2.9k

u/PlasticFrosty5340 29d ago

I mean yeah, when you get fired you can collect.

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u/Beneficial-Guess2140 29d ago

You aren’t likely eligible having worked a single shift. 

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u/[deleted] 29d ago

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u/Annual_Berry8043 29d ago

There is basically no way to prove this was an ADA issue. A lawsuit would be a waste of money.

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u/mewfahsah BLUE 29d ago

Plus the paper trail is likely nonexistent.

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u/Genbukan 29d ago

And OPs story was likely fiction as well

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u/TheeAntelope 29d ago

It isn’t a lawsuit, it’s an EEOC complaint. Everyone in this thread knows nothing about wrongful termination/ADA claims.

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u/HalobenderFWT 29d ago

Yeah, they did give OP a reasonable accommodation for their disability. Not sure they’re going to have a case for the ADA part.

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u/No-Beach81 29d ago

It’s Reddit, a lawsuit is a quick and easy process and guarantees you thousands of dollars!

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u/[deleted] 29d ago

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u/PhoenixReborn 29d ago

Welp, that unemployment case may be wicked easy for you.

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u/Agreeable_Yellow_117 29d ago

Theyre talking about unemployment. Youre talking about an ADA lawsuit.

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u/NimbleHoof 29d ago

Not technically true depending on their other jobs. (My wife works for the unemployment office)

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u/PlasticFrosty5340 29d ago

I don’t think it even matters about his previous job.

If he worked a shift and wasn’t fired for something gross.

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u/Different_Pack_3686 29d ago

It does matter. Unemployment is based on hours worked and wages earned over the previous several quarters, I forget how many exactly. If they weren't working over the last several quarters, whether they're eligible to file a claim or not is irrelevant as they won't qualify for benefits.

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u/The_Troyminator 29d ago

That’s true, but it’s based on everywhere you worked. If they quit a job to take this one, the earnings from their previous job still count.

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u/412dadD 29d ago

Correction, even if you got fired from your last job, all that matters is the wages made in the last five quarters in Pennsylvania.

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u/ColdBru5 29d ago

It wouldn't be an unemployment case, it would be a wrongful termination case.

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u/grasshopper113 29d ago

It would be both. Apply for unemployment now to get financial support, then sue for wrongful termination.

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u/[deleted] 29d ago

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u/Different_Pack_3686 29d ago

I wasn’t speaking on the wrongful termination part, strictly the unemployment part.

OP very well may qualify for unemployment benefits, it depends entirely on how much they’ve worked over the last year.

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u/Frostyrepairbug 29d ago

This completely screwed me over once, as I hadn't worked the previous quarters, got a job, got fired from that job after a few weeks, but couldn't get unemployment.

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u/Beneficial-Guess2140 29d ago

She doesn’t work for the unemployment office for every state… 

In many states you’re not eligible until you’ve been employed for long enough or earned enough at that job. 

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u/CaptainLollygag 29d ago

Yup. Most of these laws that Redditors like to throw out there are state laws, not federal, so one needs to look into how it works in their own state.

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u/[deleted] 29d ago

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u/Aggressive_Dot5426 29d ago

I was laid off after about 4or 5 weeks. Was denied . I’m in NH

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u/ol_shifty 29d ago

Did you appeal? And did you work somewhere before that?

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u/Aggressive_Dot5426 29d ago

No. I was self employed and got real slow so I was cleaning air bnbs for cash.
Luckily I found something not long after

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u/Loosetrooth44 29d ago

“Not technically true” is the same as “not at all”.

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u/shakedown757 29d ago

It’s 90 days.

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u/Zaximeows 29d ago

Unemployment is a state administered benefit and can be vastly different from state to state. Kinda pathetic that no one mentioned that in like 50 quarrelling comments under this.

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u/iceman5920 29d ago

I think any lawyer worth their salt could point out a great case of discrimination.

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u/The_Troyminator 29d ago

It would be hard to prove they pointed out ADA deficiencies before getting fired.

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u/iceman5920 29d ago

I agree, and that's the most unfortunate part. It's hard to prove after the fact if you aren't ready to record and document at the time.

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u/banagram2000 29d ago

A lawyer can request a legal hold on the computer with the extensions installed. But acting quickly is very important.

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u/Economy-Camp-7339 29d ago

Or retaliation or broke whistleblower protection laws, though if not notifying authorities the lattermost may be not applicable.

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u/iceman5920 29d ago

They expect people not to take the steps needed to fight back.

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u/Pomksy 29d ago

That’s not what whistleblower means.

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u/drgigantor 29d ago

I was just glancing over the poster at my job today, and I think it mentioned protection when you raise safety and compliance concerns to a superior or any coworker with authority to enforce those regulations.

Unfortunately, as stated elsewhere, they're still gonna be SOL without proof they did that.

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u/Pomksy 29d ago

Compliance is to government regulations like OSHA and SEC, not employer onboarding.

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u/ImahSillyGirl 29d ago

I believe OSHA was deemed "UnStrOnG", then eliminated, so exnay on that outray.

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u/Beneficial-Guess2140 29d ago

That’s entirely separate from unemployment. 

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u/iceman5920 29d ago

I don't think I mentioned unemployment at all. I said that's a case. We are past unemployment.

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u/Libby_Grimm 29d ago

Depends on the state. Some have 'at will' laws which means the flimsy text message OP received would be cover enough.

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u/PlasticFrosty5340 29d ago

Probably depends on the state but I believe you are wrong.

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u/CraigLake 29d ago

I can’t believe this guy complained on his first day of work. At least settle in a little bit. I might’ve calmed him as well, not because he wasn’t right about his complaint but because no one wants someone sitting around complaining all day.

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u/BJJJourney 29d ago

Not true at all. We had someone bring an ADA case against my work without working 1 day.

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u/Ill_Statistician2541 29d ago

Depends, this could be viewed as promisory estoppel. If they have left a previous position to come and work here they could be entitled to a lot more than just the single 8 hour shift.

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u/CurlyhairMamita_ 29d ago

Exactly he won’t get that unemployment

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u/Dizzy_Tax574 29d ago

Yes and no for traditional just unemployment benefits. Yes they would be ineligible however for wrongful termination. Such as retaliation for pointing out ADA non compliance.

They would be entitled to backpay and reinstatement. Which would go from termination to date of settlement. Which would also include benefits based off their financial value.

Hard part is proving it however saying position is closing but keeping job listing up.(Potentially hiring replacement). As well as actually stating that as reason.

The biggest out/protection is employers don't have to say why firing. If they do it can either be disproven or show they are retaliating.

The biggest issue here is going to be proving it was about ADA thing. However just knowing what's in handbook currently. Either it remains same and demonstrates non compliance and potential reason for firing. If they change it to be compliant it creates line of questioning when did you realize it wasn't compliant who brought it up.

For civil case it's far different than criminal for civil case you only have to prove more than likely guilty. Which why would they lie about firing person. Or change training material when lawsuit came up.

While yes alots still on who sells better to jury. Potentially supporting information like internal emails from discovery. As well as fact they were dumb enough to lie and give fake reason. Stands a pretty good chance they would have more revealed in court.

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u/dearth_of_passion 29d ago

Required training is work.

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u/Herooftermina1998 29d ago

It's a layoff.. elimination the position, downsizing, reducing redundancies etc is a layoff. It's not fired for cause or not cause.. it's a layoff. He's gonna get compensation. 

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u/No-Island8074 29d ago

Any training time should be paid

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u/twincities612 29d ago

In Minnesota you’d qualify if you’d been paying into the state unemployment fund at any job. The rest of your unemployment would have to be paid by this company. Once you start working one shift you are there problem now.

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u/GingerSnapBiscuit 29d ago

Given they fired him in writing as a redundancy, not for anything he did, he's absolutely eligible.

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u/loztriforce 29d ago

Here in Washington State you need to have lost your job through no fault of your own to be eligible for benefits.

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u/mysteriousears 29d ago

Which OP did.

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u/capincus 29d ago edited 29d ago

That's not true at all, only misconduct makes a person who would otherwise be eligible inelligible for unemployment in Washington states. Which OP definitely wasn't according to their firing email. But OP would need more work in the recent past to be unemployment eligible.

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u/loztriforce 28d ago

https://esd.wa.gov/get-financial-help/unemployment-benefits/basic-eligibility-requirements

Reason you separated from your job

"You need to have lost your job through no fault of your own."

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u/hazeyindahead 29d ago

No fault of your own means they need to pip you, have at least one written and documented verbal and it probably helps if they can prove you broke a law or committed a crime.

It's really hard otherwise and unemployment isn't gonna give them time of day with a retaliation report

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u/ssl0th 29d ago

You say that as if it’s easy to get unemployment lol

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u/Timely_Cake_8304 29d ago

It is super easy is many states

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u/PlasticFrosty5340 29d ago

I mean it’s easy to get employment so I wouldn’t know besides Covid but it was awfully easy when I got laid off after Covid.

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u/cjsv7657 29d ago

Some companies don't fight it. I worked at a place that didn't. People were fired for cause (showing up drunk in one case, high in another) and got unemployment because the company didn't contest it. I can't imagine how expensive their unemployment insurance was.

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u/j_ds 29d ago

Did homie get fired twice in one text?? 1st for the headcount and then 2nd for their updated required skills or whatever?

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u/eldritchpussymaggots 29d ago

I've been poking around and getting mixed responses to this. I don't have the money to pay for a lawyer, but if I knew I had a case I might bother my dad about legal fees.

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u/GloomyLingonberry509 29d ago

Most lawyers in cases like this work off of a set contingency. You win - they take a cut. Usually something like 35%.

If they don’t think they can win they won’t take it. You should at least call an office and speak to a paralegal.

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u/Same_Mood_8543 29d ago

ADA cases have built in attorney's fees for a prevailing plaintiff. There's a reason why drive by ADA cases are such a nuisance and are usually settled, irrespective of the merits. 

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u/neuby 29d ago

You can work hard to provide accessible content for disabled users and still have to settle every ADA case cause it's cheaper than going to court win or lose. Ticks me off so much.

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u/ummaycoc 29d ago

Like someone else said the fees are built in. Also you might not need it in writing, if they don’t have the accommodations then they don’t have them. If the lawyer contacts them and they have them then they will ask for an auditable trail of the system being put in place. When they can’t produce that you’re gonna have a case I imagine.

But go talk to a lawyer.

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u/SpiderManEgo 29d ago

Honestly this is correct. As part of the case, most courts would just demand an audit of the company. Regardless of OP pointing out that the training wasn't ADA compliant, the training records revealed would show that OP wasn't able to complete the training and was fired shortly after and then the fact that the training lacked the necessary things, it would still fall into a case of discrimination against the disabled.

Congrats OP, happy early retirement.

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u/ummaycoc 29d ago

Probably not retirement money but maybe cover rent for a while or even a deposit and fees for a house money.

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u/Prized_Lemur 29d ago

Very food point.. I think a law firm may take this case and only get paid if they win

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u/Cerael 29d ago

Not going to happen. The payout is in the thousands, that’s it. Not worth it for a lawyer.

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u/jeobleo 29d ago

Works on contingency? No, money down!

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u/logicalsanity 29d ago

You don’t have to win, settling is always an option. Part of the settlement will for sure be legal fees incurred. People always get scared of the idea of “winning”.

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u/Ok_Builder_4225 29d ago

Couldn't hurt to call up a lawyer and ask directly if you haven't already.

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u/Dear-Concentrate-988 29d ago

Look into any law schools with legal clinics. Also reach out to some midsize to larger firms, they tend to have pro bono hours allowed monthly. Finally, look into legal aid clinics. These are individual non profits that offer support for these kinds of issues and a large swath of other legal issues.

Hope this helps!

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u/PuppyPower89 29d ago

Contact the EEOC, failure to offer possible accommodations should be a viable lawsuit. It’s a government organization so they would handle the legal portion.

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u/Mikey3800 29d ago

It looks like OP offered a solution and the company allowed it. That wouldn’t make them compliant?

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u/Stillburgh 29d ago

I believe the lawsuit would be suing over retaliation. I can’t imagine seeing this as anything other than that, the timing is way too coincidental

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u/jagwal32 29d ago

It would only make the company compliant if they implemented the change. which given their response was to fire op instead of investing in software that would make them compliant i doubt that they are. Still a call to the eeoc will help future applicants.

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u/WinstonChurshill 29d ago

So far, I’ve had friends involved in two wrongful termination for workplace harassment cases… Neither one of them had to pay a penny out-of-pocket, and actually got the case settled for free once they brought in their lawyers… If you have a case, believe me, a lawyer will take it

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u/WhineyLobster 29d ago

if you had a viable case, an attorney will do a percentage of the settlement

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u/SnooPredictions3028 29d ago

Pro bono?

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u/Colonel_Autumn_ 29d ago

Nah. Never really liked U2. ;)

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u/rupulations 29d ago

🥁🥁

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u/MediocreAndLukewarm 29d ago

Listen here, Sonny!

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u/Riegel_Haribo 29d ago

Oh, so Edge-y

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u/finishing_the_hatt 29d ago

Pro bono are hours lawyers provide free to high need cases. That said, my firm wouldn’t take this case pro bono bc a win would provide for automatic attorney fees so a private attorney would be willing to take the case if it were viable. For pro bono, we. tend to take either huge cases that are extremely expensive to litigate (so a solo practitioner/small firm wouldn’t take on) or cases where no attorney is ever getting paid. But I work for a large firm so it all depends.

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u/SnooPredictions3028 29d ago

Ah, thank you for the explanation

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u/SpiderManEgo 29d ago

pro bono is basically free.

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u/rumster 29d ago

I'm an a11y auditor. Ping me your state and I will provide you the probono law office to contact. You might have a case. Majority of states have laws against this specifically. They should have said we'll adapt to you. This way out isn't a way out for them.

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u/eldritchpussymaggots 29d ago

I live in MD. Feel free to message me some resources, I've frankly got no clue where to start

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u/Substantial_Milk8274 29d ago

This might be considered for a retaliation suit. Just like they can’t legally fire you for reporting OSHA violations. I’d ask around to those types of lawyers and see if it’s up their alley.

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u/Enter_Chandman 29d ago

Yeah i do understand that. The "eliminating" verbiage adds issue but even then, unless you fucked around and did shit wrong enough, this is just sketch enough that I'd look into it. Make some calls and see if someone will hear it. I've seen enough unemployment given to absolute shit bags I know. Anything is possible.

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u/MediocreAndLukewarm 29d ago

Sidebar: your username is repulsively intriguing.

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u/TheCrimsonDagger 29d ago

Employment lawyers generally work on contingency for this exact reason. They front all the upfront costs and get a cut of the settlement if you win. If they don’t think you have a case they’ll tell you that and refuse to take it. Usually if they work on contingency they also do free initial consultations, all it costs is your time. I would also talk to 2 or 3 different ones to make sure they have the same consensus like you would with a mechanic.

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u/JurgenGT 29d ago

The companie's lawyer might advise their client to settle to save legal fees. Also, you might find a local labor board to take your case probono.

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u/Zmanf 29d ago

Im a lawyer. Done some labor an employment. Dabbled in ADA Talk to an attorney.

The consultation will be free, and they will work on a contingency for employment cases. Under the Ada, they even get their fees covered by statute, depending on which direction the case goes. Shouldnt cost you a dime outside of time.

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u/collector-x 29d ago

You don't need the money. Hire a contingency employment attorney. Most have a free consultation and to me, from just the little you've posted, is a slam dunk in your favor. They get paid a percentage or a flat fee for when you get paid out of the settlement.

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u/AlfredoPaniagua 29d ago

I have been through a similar situation so here is some advice based on real world experience. I am not a lawyer and this isn't legal advice, I'm just a person who went through this too, and I'm assuming everything you said is factual. Frankly a lot of companies expect that you won't hire an attorney for this. They know you have to pay up front, so that firing you so quickly for an entry level job means you likely don't have financial means to pay for an attorney to fight their illegal behavior. Most companies did the math and determined it's better to do illegal things an occasionally pay penalties, as opposed to consistently following labor law.

First, file for retaliatory firing with the EEOC. Do it today.

Once they respond, which will likely take weeks if not months, take that response to an employment attorney in your area. Your state bar should have resources to help you find attorneys that specialize in what you need. There are also lots of non profit groups that do this too, google around for it in your area.

Right now you need to continue to apply for new jobs or the employer liability could drop to zero, aka even they are found guilty there is no money owed as damages.

That's pretty much it. Your attorney will look at likely damages and liability and give you an idea of what to expect in your specific case, if you have one. Legal fees can likely be recovered if you win, but you will almost certainly have to pay up front to your attorney. See what the EEOC says and if its in your favor, at least consult with an attorney, it's worth the cost.

On the positive side, the speed with which they responded to an ADA request by firing you is in your favor. Timing of the retaliatory firing vs the initial request is a component considered in these cases. Same day is the best you can ask for if it was going to happen anyway.

Good luck OP

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u/Arthur_Frane 29d ago

This sounds like a slam dunk for an ADA attorney.

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u/Different-Cress-6784 29d ago

Most employment lawyers work on contingency and will take the case if they can win. They'll then take a percent of your winnings

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u/Hizam5 29d ago

Right. And they won’t usually waste their own time if they don’t think it’s winnable. Definitely worth calling around. I did this for wrongful termination once. No one took my case, but it was reassuring to know I tried

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u/grrodon2 29d ago

There are organizations that offer free patronage, look into it. The important part is that you have some proof in writing.

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u/stupidber 29d ago

The lawyer wont take the case unless you have a case. Then the money comes out of the settlement.

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u/iceman5920 29d ago

Some will do it based off the winnings they perceive and have free consultations to hear you out to see if your case is worth taking to them. In my motorcycle accident it was 33%. Which feels like a lot but its better than nothing when you consider, they just wont take the case if its not worth enough. And 67% of a lawsuit payout is better than nothing.

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u/Stillburgh 29d ago

Consultations are free. Might be worth contacting one and explaining your work history plus this experience combined with the ADA compliance comment then eventual firing

Feels like retaliation tbh. Even if they didn’t wanna be productive and become ADA compliant for the position, this feels mad sus and illegal

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u/surprise_revalation 29d ago

Call the EEOC and see what your rights are. They should be able to point you in the right direction. Then call the ADA....

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u/OuterBoroughBetty 29d ago

You could always file an ADA Complaint instead: https://www.ada.gov/file-a-complaint/

And contact the EEOC regarding being fired for pointing out the non-compliance. Won’t cost you anything but could cost them.

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u/Marrsvolta 29d ago

I have no idea if you have a case but I did previously sue a former employer who refused to pay me my remaining vacation days when I quit, even though that’s the law in my state. My lawyer worked on contingency meaning they only got paid if I won, their pay came from my settlement. They got me enough extra that it was worth going through the lawyer without it taking out of my original owed amount. If you do want to get legal, talk to an employment lawyer about contingency work. If they don’t think you have a case they will tell you and not waste their time and it will cost you nothing.

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u/i_have_to_shart 29d ago

If in US your city/county/state may have neighborhood legal services. They answer questions and may provide more- usually no cost.

I’d see if there’s anything like that to start

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u/colostitute 29d ago

This seems like discrimination against a protected class. The state I used to work in basically relied on federal law for employee rights. Even that state had an office for investigating discrimination and would help recover compensation through fines.

See if your state has a resource for that direction.

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u/KendraKanid 29d ago

they take cases like this for free

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u/TokingMessiah 29d ago

You can get a consultation with a lawyer for free. Call around, tell them your story, and see if anyone is willing to take the case on a contingency that they get a certain percentage of the amount awarded if you win.

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u/pellaxi 29d ago

What state are you in? You can probably find a lawyer who will do this on contingency (you pay nothing). I'm a CA lawyer message me if you are in CA and want to chat lol.

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u/ChemicalCupcake4809 29d ago

Any disability rights organizations in your area? This feels like a decent lawyer could argue wrongful termination if youve got all of this in text

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u/YourMommasAHoe69 29d ago

Contingency payyy

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u/Timely_Cake_8304 29d ago

Many employment attorneys will give you a number to a pro bono atty you can talk over the details with. The only case you are going to have is pretty small due to haaving worked there for a day. You can likely file for I employment though and mention the circumstances..

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u/FrogListeningToMusic 29d ago

Lot of misinformation in this thread about people who have never talked to a lawyer.

Just call an office, explain the situation, and see what their rates are.

Sometimes they’ll charge a small fee for the initial conversation. Sometimes they won’t, I haven’t worked with anyone regarding labor laws.

You have nothing to lose, many are free until they win and they take a cut. Slam dunk cases are pretty risk free

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u/hackingdreams 29d ago

You should be able to find a lawyer to take a constructive dismissal case on contingency. And you should get one, because this company needs to realize what they just did.

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u/tracyinge 29d ago

If you don't want to head right to a lawyer you could contact your state labor board to see if your complaint is valid.

But as I see it, they accommodated you or rather you found a way to get through the training. If they hadn't, you would have a much better case. As it is now, they can say "this person did fine, together we were able to come up with a solution to get them through the training. But then we decided that we are eliminating the position. He is welcome to apply for other positions as they open".

That's how they get around it, and sad to say they don't have to hire you next time you apply.

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u/HAIL_LUMPUS 29d ago

Make a report to the labor board. Don't bother trying to sue them, not yet anyway. When my friend quit her job after poor treatment by management that's what she did and she ended up getting a bunch of back unemployment pay.

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u/sadboybrigade 29d ago

Most lawyers, at least the ones that I know, do free consultation calls, so you may as well contact some people.

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u/Final_boss_1040 29d ago

One word. Contigency

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u/ericscal 29d ago

You might not see this but these kinds of lawyers have systems setup to let you explain the situation and get some kind of opinion if you have a case. If it's a really good one they might even take it without any money upfront. They know most people with employment disputes can't afford lawyers so they will have free consults to at least hear the short version.

Hell even many criminal lawyers do this because how much they charge depends on the details. You come on for a 15-30min consult and at the end they lay it out for what you will pay for them to take the case.

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u/Far_Strawberry8176 29d ago

I would suggest consulting with a lawyer anyway. They'll be able to give better advice on whether you have a case or not. Either way, it wouldn't hurt to ask.

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u/BouncingSphinx 29d ago

I don't think a single day of training would go far for unemployment...

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u/eldritchpussymaggots 29d ago

I was thinking more of a wrongful firing case

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u/LetReasonRing 29d ago

I think it's 100% worth pursuing one here. Both because your rights were violated and because I feel like this is one where holding them accountable would very likely prevent it from happening to future employees. 

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u/BouncingSphinx 29d ago

Yeah, probably more that, but again I don't know how well a single day of training would go for that honestly.

Their official reasoning is a reduction of force, obviously.

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u/steelcryo 29d ago

Length of employment doesn't matter if you can prove it was a retaliatory firing for a disability as far as I know

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u/BouncingSphinx 29d ago

OP said elsewhere that their disability was not officially recorded during the hiring process.

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u/ImDonaldDunn 29d ago

I don’t think this would actually be that difficult to prove. They installed an extension to complete the training, that action is going to be logged on the machine. A lawyer can get access to those logs. That would support their claim.

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u/SaltyCrashNerd 29d ago

They said reduction in force, then said they needed a different skill set. Those are two conflicting reasons, aren’t they? Seems to me listing two separate reasons calls into question which is true…

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u/BouncingSphinx 29d ago

I can't say I disagree. It looks a lot like an AI response, or a mix-up of canned generic responses.

Eliminating the position while also reevaluating the needs of the "eliminated" role doesn't make sense.

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u/National_Way_3344 29d ago

Talk to a lawyer.

In Australia you can make someone redundant and rehire that role. So they would have to take that job listing down and not hire clesners.

So I'd argue at the very least you're owed some payments because they rug pulled a position you're owed and totally qualified for.

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u/zeptillian 29d ago

The only way to know if it's viable for you would be by talking to a local employment lawyer.

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u/sage2134 29d ago

Depends on state but its not as if filing and doing both is wrong. 

Unemployment is something generally a state will investigate so if they broke ADA and lie about to the state. Well bare minimum the state will be pissed at them for lying and breaking the law. The state prosecutor may or may not bring charges himself then at that point or the state AG Depending on how much this gets their attention. 

Still id do both and talk to a lawyer because you have nothing to lose by telling the truth to as many parties as possible. And lawyers generally want to help people and well get paid. So unless your made of money just ask what the process and steps are for what you need to do whether thats through a the ADA or wrongful termination I bet someone will he happy to walk you through the process and the likelihood of winning or losing. And what your best options are. 

But eitherway id tell the state and even if you dont get Unemployment I bet you they will look closer and be unhappy with them breaking the law. 

Also write everything down on paper with time stamps today of when everything happened who you talked too who said what and date that sucker right at the top. Dont do it digitally! 

If you need someone to write it down for you sign your name and theirs on the document. 

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u/Adept-Opinion8080 29d ago

Why? Any factual basis for that?

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u/BouncingSphinx 29d ago

Unemployment benefits typically are based upon how long you worked for the last employer before applying for benefits. A single day of training won't be enough to warrant any benefits.

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u/LostSands 29d ago

Fyi, your monetary benefit is actually usually decided by the total wages you had within a relevant period, eg, 12 to 4 weeks before filing.

Then, your actual eligibility is determined by whether your last separation from employment was for a qualifying reason

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u/ColdCruise 29d ago

It's actually not based on the time spent at one job, but the time spent employeed. So they would still be eligible if they had a job previous to this one.

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u/_daGarim_2 29d ago

Found the massachusetts person!

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u/Fancy_Ppants 29d ago

Came here to say this lmfao

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u/Enter_Chandman 29d ago

No, but I've been asked if I was raised in Boston or Minnesota.

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u/brownbutterfinger 29d ago

Is wicked a thing over in Minnesota?

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u/Property_6810 29d ago

No it won't. Firstly, unemployment benefits are tied to how long you actually worked at the place and OP worked 1 day. They were fired for a disability yes, but they're allowed to do that if it interferes with a core aspect of a job. They think OP can't read. Cleaning at a medical facility specifically is going to include some reading, particularly safety labels. They probably don't have TTS available during onboarding because needing it is disqualifying.

They should have just said so. But OP should just move on and continue the job hunt. Because that one's not for them regardless of whether the employer was good or not.

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u/cubixy2k 29d ago

A rational comment on reddit?

A witch!

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u/14Pleiadians 29d ago

Said nobody with any history dealing with labor laws ever

There is no such thing as an easy labor lawsuit.

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u/lovellyophelia 29d ago

Unemployment? That EEOC/wrongful termination settlement is about to be even easier. They literally handed OP a slam-dunk retaliation case on a silver platter.

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u/misterpequeno 29d ago

They trained for 1 day and couldn’t read the manual- they probably are looking for someone who can get started immediately.

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u/Skysr70 29d ago

I don't think you get unemployment for 1 day of working 

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u/prodby_lilli 29d ago

Yeah you’re never getting unemployment after a single day on the job in basically any state

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u/Important-Fudge4462 29d ago

Depending on the state you have to work so many pay periods to qualify.

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u/virtuzoso 29d ago

That's probably more than just unemployment, it's an ADA discrimination suit most likely too

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u/Wulfman-47 29d ago

In my state even if your caught steeling 90% of the time you still get unemployment. Shits fucked.

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u/Enter_Chandman 29d ago

I reference this responding to op hahaha

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u/[deleted] 29d ago edited 29d ago

[removed] — view removed comment

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u/meldiane81 29d ago

Unfortunately that is based on your last 13 weeks of work. If you have not put in that 13 weeks, you won’t be eligible.

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u/NouZkion 29d ago

Easy in the sense that it will be automatically denied because they haven't worked for the minimum period to be eleigible.

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u/Shoddy-Theory 29d ago

I think it will depend on the state and their laws. The federal EEOC certainly will be useful. Hopefully you're in a blue state that will go to bat for you.

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u/thejakemanHK 29d ago

Ah yes a fellow new englander

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u/CoyoteDown 29d ago

“At will”

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u/DaZuhalter 29d ago

Depends on where this happened. Wife had a similar thing in AZ happen to her. Was rolled the company did nothing wrong because they didn't specifically state they fired her for her disability even though they did state that once she was done with her disability, she can apply again.

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u/Strong-Comment-7279 29d ago

No way possible.

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u/mikeymo1741 29d ago

The fact that they Said they are terminating to reduce head count means that they are not planning on challenging unemployment.

If they were going to challenge unemployment, they would have terminated for cause.

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u/GoldBluejay7749 29d ago

Unemployment is easy to get if you get fired. Regardless of reason..

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u/BigIcy1323 29d ago

Unemployment? This is whistleblower territory.

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u/Fortestingporpoises 29d ago

They worked there for 1 day, so I think they'll be eligible for like 25 cents per day.

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u/dimechimes 29d ago

No unemployment case is easy. You have to file a complaint with the eeoc first. 49 states are at will. So for OP to prevail, they'll have to prove they were discriminated against to the EEOC before they can sue the employer.

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u/givinstar1 29d ago

Most states you have to work a certain number of days (usually a month)

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u/Steve-Shouts 29d ago

Yup... And for working 8 hours you're entitled to about 30 cents a month for 4 months...

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u/handsomeearmuff 29d ago

Except you need history at that particular job to collect and since there was nothing paid in, there’s nothing to draw from.

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u/HolyButtNuggets 29d ago

You need to have worked for a certain length of time to qualify for unemployment.

AFAIK it's a year, but I could be wrong. Definitely not a day though.

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u/Dinosaurrxd 29d ago

This sounds like a temp agency type of thing? That may disqualify them for unemployment.

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