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If it's not a union job but an "at will" employment, then you can be fired for any reason, or no reason at all.
But otherwise, "questioning" is not the same thing as "insubordination" (which is a fireable offense).
Insubordination is disobeying direct orders of your supervisor.
One is allowed to ask questions or even disagree, but in the end, must obey (unless asked to do something illegal or unethical, in which case it's not considered insubordination to disobey).
I am very sympathetic to your case as I had to deal with a "terrible city government employer" in another state that eventually gave me the boot during the probationary period. I am an insulin dependent diabetic as well and I know there were some employees, especially a lead employee, who wanted me gone. You do have protections under ADA and an employer is required to make "reasonable accomodations."
With that being said, you need to seek legal counsel. Most employment law attorneys will at least talk to you over the phone for free and may take your case on a contingency if they think you have a winable case. The uphill battle is going to be the fact that you were on probation along with the fact that the employer is going to try and claim that you were a bad employee. You may need to speak with several employment law attorneys before one may take the case. I STRONGLY recommend that you do this before proceeding with your EEOC Complaint. PM me the state that you're in and I'll see if I can help you. Good luck to you.
Let go within a probationary period, is permitted for all employees. There does not have to be a reason stated.
If you raised your voice at your superiors, that is a fireable offense. Especially within the probationary period. The reason was not a ADA problem.
A probation period is a trial, to see if you will work out or not, and the employer has the right to fire you if they don't like the way you look at them and don't have to give a reason. You did not work out. You were let go during this trial period.
The reason that the new employee is getting more hours than you are, is you were already on the way out, and they were easing a new person that better fit their needs into place prior to firing you. You just could not do the job, and do it without raising your voice and arguing with superiors, is a very solid reason to let you go during the probationary period, they do not have to answer for.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,585 posts, read 81,206,701 times
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Quote:
Originally Posted by Shoshanarose
So ridiculous.
If it's not a union job but an "at will" employment, then you can be fired for any reason, or no reason at all.
But otherwise, "questioning" is not the same thing as "insubordination" (which is a fireable offense).
Insubordination is disobeying direct orders of your supervisor.
One is allowed to ask questions or even disagree, but in the end, must obey (unless asked to do something illegal or unethical, in which case it's not considered insubordination to disobey).
Disagreement becomes insubordination and fireable as soon as the supervisor says "stop questioning my orders" and the employee continues to question them. Raising your voice is not insubordination, but a sign of anger management problems that any supervisor would want to avoid. While on probation people are usually on their "best behavior", so an episode of anger during that time makes one wonder what could happen after probation is over.
Disagreement becomes insubordination and fireable as soon as the supervisor says "stop questioning my orders" and the employee continues to question them. Raising your voice is not insubordination, but a sign of anger management problems that any supervisor would want to avoid. While on probation people are usually on their "best behavior", so an episode of anger during that time makes one wonder what could happen after probation is over.
It's interesting to me that a raised voice is a sign of "anger management problems".
It seems cultural. (Where is all the much-loved cultural diversity?)
When one is speaking about certain issues (even at work), or disagreeing (which is allowed and different from insubordination), one might have a somewhat louder tone of voice.
Who is to say what is a "raised voice", and what is normal?
It sound very subjective to me.
It's interesting to me that a raised voice is a sign of "anger management problems".
It seems cultural. (Where is all the much-loved cultural diversity?)
When one is speaking about certain issues (even at work), or disagreeing (which is allowed and different from insubordination), one might have a somewhat louder tone of voice.
Who is to say what is a "raised voice", and what is normal? It sound very subjective to me.
...and when you're on probation, guess whose vote counts? lol
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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Quote:
Originally Posted by dmills
...and when you're on probation, guess whose vote counts? lol
That's right, and while on probation, the boss has to decide whether that loud voice, anger or not, would be disruptive to the work environment and act accordingly.
Despite what everyone has said...
I have a type I diabetic co-worker who had an episode where a workplace disagreement rapidly escalated into him screaming at the top of his lungs at the person he was disagreeing with...
And then knocking them out with a punch to the face and jumping on them unconscious and continuing to punch. Other co-workers jumped in to try to stop him and he assaulted a half dozen more people. This was a public sector merit position. He was suspended and termination proceedings were started against him.
He went to the EEOC with an ADA complaint that his outburst was solely attributable to low blood sugar, and won. He got his job back and was fully paid for his suspension. Since that time he has had several other violent episodes (mostly screaming and a few cases of putting his hands on employees or threatening people with violence, but no actually punching) which have been left on his records as low blood sugar incidents.
The huge difference here is that he was not a probationary employee. To terminate him, he had to be terminated with cause and that cause was directly attributable to his disease. It was still shocking though the extent to which his behavior could be attributed to his disease when he engaged in actions that certainly would have resulted in the termination of any other employee regardless of disability.
Despite what everyone has said...
I have a type I diabetic co-worker who had an episode where a workplace disagreement rapidly escalated into him screaming at the top of his lungs at the person he was disagreeing with...
And then knocking them out with a punch to the face and jumping on them unconscious and continuing to punch. Other co-workers jumped in to try to stop him and he assaulted a half dozen more people. This was a public sector merit position. He was suspended and termination proceedings were started against him.
He went to the EEOC with an ADA complaint that his outburst was solely attributable to low blood sugar, and won. He got his job back and was fully paid for his suspension. Since that time he has had several other violent episodes (mostly screaming and a few cases of putting his hands on employees or threatening people with violence, but no actually punching) which have been left on his records as low blood sugar incidents.
The huge difference here is that he was not a probationary employee. To terminate him, he had to be terminated with cause and that cause was directly attributable to his disease. It was still shocking though the extent to which his behavior could be attributed to his disease when he engaged in actions that certainly would have resulted in the termination of any other employee regardless of disability.
Absolutely false. There may have been other factors to which you weren't privy that resulted in his reinstatement, but I assure you the EEOC did not overturn his suspension because he had Type I Diabetes.
Absolutely false. There may have been other factors to which you weren't privy that resulted in his reinstatement, but I assure you the EEOC did not overturn his suspension because he had Type I Diabetes.
Agreed, both Title VII and ADA will never overturn a disability termination if violence was involved, that is expressly excluded from protections. So, EEOC had no jurisdictional role in this. Probably what happened was during the entire post termination process of EEOC and whatever, the procedures and processes of terminating the person was violated. Since most government entities have laws and regulations that cover employment, a violation of the employee's rights could void a termination and force reinstatement, even in such extreme cases. We see this when a government employee is terminated for some severe action but reinstated because the process and policies of termination was not followed. In this case, the subsequent conduct which was verbal may be protected so long as they never lay a hand on a person. Al;though I am highly dubious of this because with violence would have also called for law enforcement actions, so something seriously isn't being provided. I have to call this one a no way - no how!
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