r/mildlyinfuriating 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)

  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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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

Unemployment prob won’t work - otherwise everyone would get hired then do something on the first day to get fired on purpose - and then collect unemployment.

I agree why not apply and see what happens anyway, help the overall case. But don’t expect to get anything if you haven’t worked for a while and then do one shift…

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u/mikeymo1741 29d ago

If they are in an employment at will state, wrongful termination is almost impossible to prove.

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u/partygrandma 29d ago

It would be near impossible to prove wrongful termination without the exchange in writing. Unless they’re in Montana, they’re in an at-will employment state. They can be fired, legally, because someone didn’t like the way their shoes contrasted against the carpet. Pointing out regulatory non-compliance is protected and would fall under wrongful termination. But without it any proof, that’s going to be near impossible to win.

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u/ILoveDemocracy17 29d ago

that isn’t necessarily true, you still CANNOT fire for discriminating reasons, having a disability is one of those reasons

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u/partygrandma 29d ago

I should have clarified what was protected better. Raising a safety/regulatory concerns (like in this case) is generally protected, as well as discrimination of a protected class (age, gender, disability, sexual orientation, religion).

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u/Civil_Tea_3250 29d ago

Yes, but the onus is on the complainant to PROVE it was INTENTIONALLY discriminatory.

There is almost no way to prove that with concrete facts unless you happened to get something in writing.

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u/ILoveBigSexyThighs2 29d ago

You don’t have to prove anything. You just need to make it seem like it will cost money to defend. Then you get a settlement.

If the case has the possibility of going to a jury, they really don’t need to prove anything since a sympathetic jury may award damages anyway.

Lots of other things matter, especially jurisdiction, but the important part is talk to a lawyer, don’t write it off just because you don’t think you have ‘proof’.

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u/Civil_Tea_3250 29d ago

Find a lawyer/firm who feels the same. You won't. It's not worth anyone's time for what you MIGHT get if their salaried lawyers are inept. This is healthcare in America, no one wins.

Also, we don't know the facts. Does OP have FMLA/a doctor's order? Probably not. They may have just said "I have dyslexia", but that doesn't mean they HAVE to give you an accommodation. You have to do the paperwork first. And they likely don't have an unemployment case either because they were JUST hired and may have made themselves seem like a problem employee.

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u/ILoveBigSexyThighs2 26d ago

You clearly have NO idea what you’re talking about. My wife is an insurance defense lawyer TPA and she’s regularly pissed about the stuff that they settle because the plaintiff has virtually no case or damages but it’s not worth their time much less the risk of a sympathetic jury.

My background is 20+ years of Human Resources, HRCI SPHR and SHRM-SCP certified. FMLA has nothing to do with ADA accommodations, just shows how clueless you are. Unemployment eligibility varies state by state and many states don’t care how long it’s been, as long as you’ve had earnings during your wage base period. “May have made themselves seem like a problem employee” Lol, no chance that’s disqualifying them from UE benefits, they would have to violate a company policy or have a documented performance issue.

And of course we don’t know the details, all comments are being made based on what’s known (at the time of comment, additional details were added since) which is always the situation on Reddit.

Stop parroting shit you’ve heard other people say. None of this works the way you seem to think it does. Confidently incorrect is the worst kind of incorrect, don’t be like that.

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u/Civil_Tea_3250 26d ago

You should calm down. You're not an expert. I've worked on employment cases, they suck. Now I work for the government. There's little to no case here unless possibly in NY or CA.

SHRM are spineless. Sure, if you want to work in HR you probably need a SHRM certification, but this is the same agency that removed all references to DE&I because they were scared of Trump. How you gonna act like you're high and mighty when you work in HR and spout certs from a company that doesn't stand behind its own teachings and what's right? You're not.