I don't know what to make of this

Previous | Next
 rated by 0 users
Latest post 05-01-2008 10:45 AM by Drew. 3 replies.
  • 04-25-2008 1:42 PM

    Question [=?] I don't know what to make of this

    I started working for a company who receives federal funding but doesn't following any federal employment guidelines.

    I started work on April 11 and was fired on April 24. I filled out my benefits paperwork and two days later, I was fired. I put down as my doctor an Infectuous disease doctor as my primary care, I am HIV +.

    The excuse they gave me was; you called your supervisor "girl". your work performance was poor, and some other excuse.

    I know PA is a right to work state, but does it seem strange that after only being there less than 2 weeks they say my work was poor, and that I called my supervisor girl?

    Should I persue something, especially on that medical benefits thing.
  • 04-25-2008 2:12 PM In reply to

    re: I don't know what to make of this

    Not clear on whether someone who receives "funding" necessarily has to follow federal guidelines, but this issue is neither here nor there in your situation.

    If you're saying that they knew you were HIV simply due to the name of your doctor or you believe they investigated it before submitting your health insurance paperwork, I'll allow it's possible.

    This could go either way, but I'm leaning toward suspicious. I'd contact the EEOC and advise that you believe you were fired because of your HIV/disability status and the reasons they gave you were too coincidental for your taste and you believe them to be pretexts.

    "Should I persue something, especially on that medical benefits thing."

    Not exactly sure what you mean by "that medical benefits thing", but if they never submitted your health insurance paperwork in the first place and you were never enrolled, technically COBRA doesn't apply. But given the givens here, I suspect the EEOC may address this as well (or refer you to the Department of Labor on the COBRA issue).

    Or EEOC may just issue a right to sue letter, in which case you need to be interviewing discrimination attorneys at some point -- you'd have to sue within 60 days after getting the letter, but that may be months down the road. I believe there are punitive damages available under the ADA statute for violations, as well as compensatory damages.
  • 04-25-2008 2:25 PM In reply to

    re: I don't know what to make of this

    Right to work only means you don;t have to join a union. Employment at will means you can be fired for any reason not specifically prohibited by law.

    "you called your supervisor "girl". your work performance was poor, and some other excuse."
    All legally valid reasons for termination. Unless you specified that you are HIV+, how on earth would that be relevant?
  • 05-01-2008 10:45 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,303

    re: I don't know what to make of this

    Laymasn take:

    I agree its very likley more than just coincidence that you were terminated just 2 days after supplying name of doctor who specializes in infectuous diseases as your primary care physician.

    You best and only viable option is to discuss your options soon with a skilled PA lawyer who deals with discrimination cases. You may or may not have enough cards .



Page 1 of 1 (4 items) | RSS

My Community

Community Membership New Users: Search Community