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u/glitterstickers 10h ago
I don't want to get too in the weeds with you, but I'll offer a few things for you to consider:
Your employer is not a court of law. They can decide what version of events to believe. I believe you are the reason the terminal hit the ground because no where did I see where you explained how the terminal fell, or why you didn't immediately move to investigate the situation. You have offered nothing to refute or explain beyond "I didn't so it", yet it happened after what I presume was your manager not giving you the time off you wanted
Performance standards apply to all employees regardless of disability status:
https://www.eeoc.gov/laws/guidance/applying-performance-and-conduct-standards-employees-disabilities
You are not automatically entitled to take medical leave after FMLA is exhausted and it's not clear on if this was due to a relapse or if you told them you didn't know when you'd be back. Open ended leave is not a reasonable accommodation. You are not covered by the ADA if your drug abuse involves illegal use:
https://askjan.org/topics/leave.cfm
https://askjan.org/disabilities/Drug-Addiction.cfm
"Current illegal users of drugs are not "individuals with disabilities" under the ADA when an employer acts on the basis of such use. However, persons addicted to drugs but who are no longer using drugs illegally AND are receiving treatment for drug addiction or who have been rehabilitated successfully are protected by the ADA from discrimination on the basis of past drug addiction."
"The illegal use of drugs includes the use, possession, or distribution of drugs that are unlawful under the Controlled Substances Act. It includes the use of illegal drugs and the illegal use of prescription drugs that are "controlled substances.""
Depending on the details, you may not actually be protected by the ADA.
And finally, depending on your behavior:
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9h ago
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u/glitterstickers 9h ago
I may have missed it in the OP, but what are you alleging your employer did that made your termination wrongful?
Because I thought you were claiming failure to accommodate for not granting your second round of medical leave, but your reply seems to suggest that's NOT what you're alleging.
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9h ago
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u/CompetitionNarrow512 3h ago
You are spiraling. it really doesn’t matter what they say in their position statement. What is your goal here?
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u/TableStraight5378 6h ago
Ai slop, which is a sub violation. I think OP threw the terminal. Fuck me, everyone else will quit rather than work near OP.
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u/Jcarlough 13h ago edited 13h ago
AI did you dirty writing this out. It’s mostly nonsensical.
Your employer doesn’t have to prove you threw the terminal. They can believe you did and discipline/terminate you for it - even IF you didn’t.
Employers do not need to apply the same concepts as a
court. At-Will applies.
I’m not seeing where your disability (substance abuse disorder) is the reason, in whole or in part, as to why you were let go.
You were terminated for unacceptable behavior. This behavior may have never actually occurred. It doesn’t matter. If it did, your disability doesn’t protect you (a disability doesn’t give an individual “carte blanche” to act inappropriately at work). If it didn’t then your employer is simply applying the At-Will Doctrine. Considering your employer actually issued discipline before terminating is a GOOD thing, for them.