I was fired as a server for a bad mystery shop that was beyong my control. I did not get along with the manager and I think he fired me unjustly.

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I was fired as a server for a bad mystery shop that was beyong my control. I did not get along with the manager and I think he fired me unjustly.

The manager working the night of my mystery shop defended my shop, as it was beyond my control. The write up previous to the termination involved an argument I had with a coworker when I was not On Zoloft. I immediately went to the doctor, after the incident and before the write up, and got back on zoloft. I was told a notation would be put in the file, but it was not.

Asked on June 20, 2009 under Employment Labor Law, Ohio

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Before giving you advice to rely on, an attorney would want to know a lot more about the facts.  But from what you've said here, it might be worth following up.  One place to find a lawyer who can evaluate your case is our website: http://attorneypages.com

Your employment was probably "at will," meaning that the manager does not need to even have a reason to fire you, and "manager doesn't like" is okay -- even a bad writeup that you didn't deserve simply isn't a problem for the employer.  However, if you have let them know that you are in treatment for a mental illness, and if there's something in the facts that at least suggests that you were fired because of that, you might have a case under the Americans With Disabilities Act.


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