Is this legal? It was the first time I called off

Methshot
Methshot

call of work because I was having a depressive episode
get fired the next day

Is this legal? It was the first time I called off. Can I claim wrongful termination?

Skullbone
Skullbone

@Methshot
Is this legal?

Depends where you're from dingus ,this wouldn't be legal in britbongistan

Emberburn
Emberburn

@Skullbone

Texas

Flameblow
Flameblow

At will

Also your performance must've been shit.

SniperGod
SniperGod

@Emberburn
Probably. You're employed at will right? What was the reason they gave you for firing you?

RavySnake
RavySnake

@Methshot
At will employment so yes.

HOWEVER if you informed your business or are a documented patient of a psychiatrist with clinical depression, ADA means you can sue for wrongful termination.

WebTool
WebTool

calling in sad

Mcdonalds had the right to fire you

TurtleCat
TurtleCat

@Methshot
I was having a depressive episode

lmfao get over yourself

StonedTime
StonedTime

@Flameblow

My performance was inconsistently good. My coworkers didn't really like me too much though because I'm always quiet

@SniperGod

They said I violated the attendance policy, asked for my badge, and said my last check would be in the mail. Other people call of sick all the time though.

@RavySnake

Haven't been seeing one. am I SOL then?

CouchChiller
CouchChiller

Is this legal? It was the first time I called off. Can I claim wrongful termination?
Why wouldn't it be legal? People get fired for not performing or being profitable. Obviously being a depressive manic is detrimental to the business.

TechHater
TechHater

@StonedTime
inconsistently

meant to say consistently* I have yearly reviews that back it up too

eGremlin
eGremlin

@RavySnake
This, but only if the office fires you "for cause" (meaning they're citing your absence as the reason for firing). If you informed them of your depression, and they fired you for missing work because of your depression or a reason directly linked to your depression, you can sue them for discrimination, although you'd want to make sure you're not violating any other office rules/company policies.

If the place is firing you "without cause", then you're free to collect unemployment.

PurpleCharger
PurpleCharger

@StonedTime
Did they know about your depression?

Did you inform them you would be absent/sick?

What are the company policies associated with illnes notification?

Spazyfool
Spazyfool

@StonedTime
So it looks like you're being fired for cause, and they're citing your absence as the reason for firing.

1) make sure you properly understand the company policy related to sick days and/or allowed absences; write down the entire course of events in a notebook, including any conversations you may have had with your superiors about depression, or anything that would have tipped them off that you're depressed (do you take meds? would your boss have seen you take the meds?).

2) IF you followed company policy regarding your absence, and IF you are reasonably certain your boss is using your absence as an excuse to fire you for cause, then get in touch with an employment attorney.

There's not really much you can do if you're not willing to go see an attorney; you've been fired for cause, which means they're not going to offer you unemployment insurance benefits. The only way you get a payout on this is if you sue them and get a settlement or decision from a judge in your favor, which could potentially take a long time to materialize. If that's not an agreeable outcome for you, then you need to cut your losses now.

King_Martha
King_Martha

@PurpleCharger

I never told them about my depression, didn't realize I was supposed to.

I dont think there is a written one anywhere that I can access, I just got told when hired that I had to call 1 hour ahead of time which I did.

@Spazyfool

I cant afford a lawyer man

Evil_kitten
Evil_kitten

@King_Martha
what job is it?

you worked at mcdonalds part-time didn't you

SomethingNew
SomethingNew

depression
Lmao nigga just stop being sad, it's that easy

massdebater
massdebater

@Evil_kitten

QC lab at a food manufacturer

BunnyJinx
BunnyJinx

@SomethingNew
nice meme

Stupidasole
Stupidasole

@massdebater
BRO sue their ass

Deadlyinx
Deadlyinx

bump

Methshot
Methshot

@Deadlyinx
.

Poker_Star
Poker_Star

@King_Martha
I cant afford a lawyer man
Maybe look for a law firm or a law school that offer free services in your area?

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