#1 Reason Employees Get Fired (unlawfully)

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Branigan Robertson

Branigan Robertson

Күн бұрын

This video is about the most common reason employees get fired in violation of the law. It is when a worker gets fired for having a disability, but the employer was legally required to accommodate them. This is a "failure to accommodate" case under the American's with Disabilities Act (ADA) and is, unfortunately, extremely common.
Video 2 - When Must HR Accommodate You? - • When Must HR Accommoda...
Branigan Robertson is an employment lawyer in California. His firm exclusively represents employees in lawsuits against employers.
Visit his website at: brobertsonlaw.com
Please subscribe to Branigan's channel!
00:00 - Introduction
00:38 - Failure to Accommodate Disabled Workers
01:43 - Big Picture on Reasonable Accommodations
03:25 - Legal Protections
04:32 - How Far Must an Employer Go?
05:45 - Preview of Video Series
06:48 - Contact Information
07:22 - Conclusion
#accommodation #disability #lawyer
What is the number one reason why hardworking Americans get fired unlawfully? Corporate managers in HR routinely fire people in violation of this law without even knowing it, and the consequences for workers are horrific. You and your loved ones should know about this law so that you can detect the warning signs and save yourself from getting fired. My name is Branigan Robertson, and I'm an employment lawyer.
In the last 10 years, my office received more than 15,000 inquiries from California workers. Based on that data set and from talking to other employment lawyers throughout the state who do the same area of law as me, I know that the most common reason why employees get fired unlawfully is that the employer is not willing to reasonably accommodate the worker when he or she becomes disabled. Now, if you're young or relatively healthy, you might be thinking, "I'm not disabled. This doesn't apply to me." Think again. I've talked to hundreds of totally healthy workers who quickly got fired because they had a small health issue unexpectedly pop up, and the employer didn't want to deal with it and fired them. At some point in your career, this area of law will be very important to you or to a loved one, so keep watching.
This is the first video in a five part video series. This first video is all about the big picture concerning, you guessed it, reasonable accommodations. So let me give you a very high level view of what we're talking about. At some point during your working career, you are going to have some sort of physical health issue or mental health issue that conflicts with your ability to do your job duties. You might get a concussion, break a leg, have a mental breakdown, get diagnosed with cancer, have a stroke, or have some other serious medical issue. It could be a short-term temporary issue, or it could be a long-term permanent issue. It could happen to you at work or it could happen to you outside of work. The details at this point don't matter. What matters is that you become disabled and the disability will interfere with your ability to do your job, and that's a big problem for your employer. They need to get things done, but they're not getting done because you're in the hospital or you're getting treatment or you're recovering or whatever.
Now that you have the basic overview, let me tell you where this video series is going to go. The next video goes deeper into what the law protects and what it doesn't. I'll explain the legal parameters of disability and reasonable accommodation. The third video in this series, I'll share all the shady ways that companies and HR refuse to accommodate disabled workers in violation of the law. In the fourth video, I'll share the best practices, how you can request a reasonable accommodation and maximize the chances that you'll get it. Moreover, in that video, I'm also going to explain how to lay a legal foundation so that if they do fire you, you'll have the evidence necessary to hold the company accountable in court. And the last video is all about money. I'll explain how much money that you can win in a lawsuit with a lawyer like me if your employer breaks the laws and you get fired.
Anything that I'm talking about in this video series should not be construed as legal advice. This is KZfaq. If you need legal advice for a specific situation, you should pick up the phone and call a lawyer in your state. I'm a California lawyer and the free consultation process at my office is for California workers who got fired and they believe that they have a case for wrongful termination, retaliation harassment, or discrimination. If that applies to you and you think I've earned your phone call, please feel free to call us for a free consultation.
If you found the information in this video to be valuable, please hit the subscribe button and share this video with a friend of yours.

Пікірлер: 214
@braniganrobertsonlaw
@braniganrobertsonlaw 2 ай бұрын
Have you ever had to take time off of work for some kind of disability? If so, tell me about your experience.
@ThePeterDislikeShow
@ThePeterDislikeShow 2 ай бұрын
No, but I've continued to work with long COVID and ran into difficulty. I had poor appetite and got flack for eating in the office. I left the job eventually unfortunately. I've since made a full recovery.
@predictivesolutionsltd9662
@predictivesolutionsltd9662 2 ай бұрын
What do you mean? As a self-employed person? Yeah. Didn't have to ask for permission either.
@semimba
@semimba 2 ай бұрын
I was laid off a week after returning from a FMLA 8 week to take care of my wife who also worked for the same company. 14 years down the tube. At 62 I doubt I will work in this type of industry again
@Cheesydude12
@Cheesydude12 2 ай бұрын
I hurt my elbow last year and since the company is fairly small we didn’t have have health insurance. Me trying to be a good employee I thought I’d push through it. All because the boss kept on saying he was working on getting health insurance. Months went by and I didn’t see anything but empty promises. I told the boss( after 6 month of pain and now with some fingers going numb.) that if he wasn’t going to get health insurance. I wanted to go through workers comp. He agreed and told me he would get me paper work to sign. And after waiting 2 weeks for said papers I got upset and started to demand the papers he promised. Then told me I didn’t know how the system worked. That he wasn’t going to give me any papers. Workers comp would reach out to me. And after I told him he was the dumb one that didn’t know how the system worked cause he - himself told me he was going to get me the paper work. He suspended me until further notice for insubordination.
@laniermobiledetailing4423
@laniermobiledetailing4423 2 ай бұрын
@@semimba what industry is that?
@Jessica-tp4gj
@Jessica-tp4gj 2 ай бұрын
I’m an RN. I was assaulted by a patient on the job and lost strength and sensation to my dominant hand. I wasn’t “fired” per se. I was told that workers comp would no longer pay and I was determined to be “faking”. The hospital put the onus on me to either get back to my job at the skill level I was hired for, or I could leave voluntarily. Apparently in the state of Oregon employers cannot be sued. I ended up losing everything and became temporarily homeless as a result. I found out much later that this patient was placed in the ICU because there were no mental health beds available and worse yet, that she had been banned from the state mental institution where she previously lived because she had permanently injured too many of their staff.
@Darthsikk
@Darthsikk 2 ай бұрын
Holy shit, I'm so sorry you had to experience any of that! How in the fuck could a state make it where you flat out can't sue your employer? I'm Texas, the biggest bitch is that they have all these protections in place to stop you from being able to get much out of a company that abuses you and breaks the law in doing so. I thought that was bad...
@keithmarlowe5569
@keithmarlowe5569 2 ай бұрын
I knew a guy that worked for an armored car service and got shot. It was just two on the truck, and after he got shot the company put 3. He couldn't sue because A) it was covered by workers comp, and B) not having 3 people didn't violate any laws. If he felt unsafe about it, he was free to quit.
@justrosy5
@justrosy5 Ай бұрын
I was wrongfully terminated by a Department Store in Oregon in the '90s. I wondered why it was they did it so callously. It was because they could.
@BenjiPOTF
@BenjiPOTF Ай бұрын
Yea workers comp type injuries are hell, even here in California the lawyers that help with these don't really help. The deck is stacked against the employees, I pretty much got fired by the employer. They cut my hours so bad that I had to apply for unemployment (8hr week). The court didn't help with any of the discrimination either.
@user-wi9hv2pb2q
@user-wi9hv2pb2q Ай бұрын
Yup paramedic here assaulted by patient during pandemic, multiple broken bones making it impossible to lift anymore. The worst part is we Have RA positions because it's a municipality, but they are used by nepotism placements and they intentionally misread the guidelines of 'percentage RA' to read it as a cap instead of a minimum.
@MrMyers-oi7op
@MrMyers-oi7op 2 ай бұрын
16 years ago, my girlfriend at the time and now wife, employed by a major U.S. appliance manufacturer at a refrigerator manufacturing facility for four years prior to us expecting our first child, was 8.5 months pregnant and 3 days away from starting her maternity leave when her employment status went from active to "temporary layoff". Being a right to work state, she, according to company management, received that status due to missing the cut-off on the seniority tree by 2 positions. This also interrupted her health benifits. After our son was delivered via emergency c-section due to a dangerously low heartrate during contractions about 10 hours into labor, not only did she not have a paycheck, we had the medical bills for that major emergency proceedure, and a son to raise which last time I checked, also requires money. Thanks Whirlpool!
@joshmonus
@joshmonus Ай бұрын
Corporations are complete trash nowadays.
@nicholausbuthmann1421
@nicholausbuthmann1421 Ай бұрын
How long did it take for you to get out from under all those damn UNDESERVED BILLS ?...And have you managed to finally get ahead, "I HOPE" ?!
@mattwalsh7051
@mattwalsh7051 2 ай бұрын
I was just fired recently. They new I was a disabled Veteran with anxiety and depression, and purposely overtasked me. When I began to make mistakes from being overwhelmed they started writing me up for every contrived and convoluted reason until the said I violated too many policies. They didn't write up any of the other people in my department with the same responsibilities whom just stood around and watched as I did all of the work in each of the cases they wrote me up for.
@Darthsikk
@Darthsikk 2 ай бұрын
While I'm not a veteran, I just experienced this myself. I was diagnosed with PTSD and GAD, they started giving me tasks I was not trained for or had very little experience performing. Then, they would go through those completed tasks with a fine toothed comb, looking for any reason to give me verbals or write ups. They also refused to accommodate me after I provided them with paperwork to document my issues.
@annmarieknapp
@annmarieknapp 2 ай бұрын
I'm so sorry. America really is shite now. No loyalty from any company or work place. No one is irreplaceable to the corporate system.
@missmodern
@missmodern Ай бұрын
❤❤❤
@kerrybroome9318
@kerrybroome9318 2 ай бұрын
I suffered a stroke and LTD provider stopped paying me because they thought I could work. I sued them successfully. After time had passed my doctors suggested I try working a few hours a week. My employer wasn’t willing to accommodate. I filed a human rights complaint and won. World is cruel. Obviously I wanted to work.
@realdealastrology9
@realdealastrology9 2 ай бұрын
Did you get a 7-figure sum?
@wtfsalommy3250
@wtfsalommy3250 2 ай бұрын
I know a kid that had to do a discrimination lawsuit. They specifically told him they wouldn't hire him due to his carpal tunnel 😂😂😂
@realdealastrology9
@realdealastrology9 2 ай бұрын
@@wtfsalommy3250 employers are so stupid. After my current lawsuit, I am not working for anybody else. I will either be able to retire at 40 with what I have on them, and/or I will work for myself with my own business. This was the last straw. And frankly, I was fired twice before in my life, and I should have sued both of those jobs back in my 20s. Now this is my third firing in my life, and it will be the last time. I am hell bent on destroying this medical pathology company. My lawyer has brought up charges of fraud in the inducement, retaliation, whistleblowing, wrongful termination, defamation, emotional distress, and punitive damages. This has to be in the million(s)-dollar territory.
@cjanquart
@cjanquart 2 ай бұрын
It never ceases to amaze that an employer would treat an employee with a solid work ethic in that fashion. Hope you had a great payday.
@tigeranthony
@tigeranthony 2 ай бұрын
@@realdealastrology9 @kerrybroome9318​ please answer the question
@christopherallen9580
@christopherallen9580 Ай бұрын
Number one is the boss doesn't like the employee
@PaulienSD
@PaulienSD 2 ай бұрын
My son worked at Home Depot. He was ordered off his leg for a couple of weeks. Company fired him for attendance and made him non rehire-able.
@braniganrobertsonlaw
@braniganrobertsonlaw 2 ай бұрын
I'm sorry to hear that.
@richard09able
@richard09able 2 ай бұрын
He would win a lawsuit, he should speak with an attorney
@TVHouseHistorian
@TVHouseHistorian 2 ай бұрын
Documentation is crucial in order to win a case.
@tmac9208
@tmac9208 2 ай бұрын
Fellow employee hurt his back on the job then reported it..two weeks later the "employer" "let him go" and said he couldn't afford to pay him any more. It was just the tip of the iceberg with this "employer".
@GenerationX1984
@GenerationX1984 2 ай бұрын
You can always get revenge for getting fired. Like leaving the company a bad review online and then getting hired by a rival company.
@Confessions089
@Confessions089 Ай бұрын
😁
@chastinreppert7685
@chastinreppert7685 2 ай бұрын
I was an outside sales rep for a large company. Leaving a client’s office, my vehicle was hit by an uninsured driver. I suffered physical injuries, and a bad back injury requiring surgery (a few weeks later). I had two lower back surgeries and was recovering for a little over five weeks. On my first day back to work, I was let go due to a company “layoff.” I knew what they were doing was wrong, but I was in the midst of a divorce, had a little boy, and very little money, let alone any money to obtain a lawyer to ask for help. At the time, I was not familiar with companies firing good employees to avoid paying workers comp, etc. It was an unexpected and awful experience.
@firefeethok_tui2355
@firefeethok_tui2355 Ай бұрын
Workers comp would have still applied bc you werent fired when the accident on the job, occurred.
@kevini4295
@kevini4295 2 ай бұрын
I'm in NY, not CA. I'm a mid-level bank executive. I had a direct report, fall down stairs at home, broken leg, concussion, other injuries. Doctor provided note she needed a different chair, other misc office stuff. I ordered them all for her. She stated she needed time off for appointments, approved all of it. I actually suggested she file for FMLA as she was going to need extended time. She filed and got approved. She quit about 1.5 months into FMLA. She was receiving company short term disability, which I also suggested she apply for. Fast forward, after she quit, she got an attorney. Attorney said I/we violated her rights by forcing her onto short term disability and FMLA. We won, case tossed. But yes, I did suggest she talk to HR about FMLA and short term disability. She was quickly running out of PTO. I don't regret any of my decisions, believe I/we were very accommodating. Our counsel said I was right to approve the time off, order needed office supplies, and encourage FMLA.
@doviewilliams8623
@doviewilliams8623 2 ай бұрын
This is so true. I been fired at least 5 times because of this the last being Amazon. The ruthlessness still exist.
@TheCarlinCoop
@TheCarlinCoop 2 ай бұрын
Well I have to question… why were you fired 5 times?! From 5 different jobs?! Maybe just maybe it’s you?!
@maxxbenzz7842
@maxxbenzz7842 Ай бұрын
There are people that literally work the system to sue companies. 5 times? Hmmmm certain people ruin it for people who are actually disabled. Difference between this and being a leech on society
@cinnamonrose5599
@cinnamonrose5599 Ай бұрын
After an accident landed me in a wheelchair for a few months, I used sick leave to read everything I could find about reasonable accommodation. I had outside legal help to put together a plan, including WFH. I was in a different personnel system than my managers and lucky for me, they were basically lazy and approved the plan. I definitely recommend knowing up front before any issues exactly what the options are. I knew nothing but had the luxury of having time to get help & find my way forward. Thx for all the info provided by this channel. Always so helpful.
@judithharley9236
@judithharley9236 Ай бұрын
I was diagnosed with narcolepsy. It never affected my job. I was put on medication and the next day it never affected any area of my life again. Through the insurance company my employer found out and fired me. During my exit interview I ran them down over the facts and, if they did feel it was affecting my job, why wasn’t I offered reasonable accommodations? I gave them the ADA website. They just stared at me. I sued them through the EEOC and won. I’m in Ohio. This was 2013.
@jaguarguy67
@jaguarguy67 2 ай бұрын
I had open heart Surgery 8 months ago. I plan on going back in July or August. I bet they are going to try and find a reason to let me go . People remember that HR is not your friend.. They're the Police for the company. Im in southern California
@MarcoPolo-zc6zo
@MarcoPolo-zc6zo 2 ай бұрын
Outstanding video. I had a tbi from a work-related collision. It took me a while to get back up and running again and dealt with a ton of discrimination during this process. That discrimination often sticks even after you've healed. CYA.
@henlohenlo689
@henlohenlo689 2 ай бұрын
i think the number 1 reason is the most devious which is constructive termination which still many people don't seem to understand constructive termination is a thing, always the employers and people try to spin it onto the employee and shame employees for quittting previous employers. but stripping away employees protections in the work place, and unequal treatment, harassment, unsafe working conditions etc, or unduly low pay or fraud even, etc, alot of these can contribute to people with reasonable minds to quit employers.
@realdealastrology9
@realdealastrology9 2 ай бұрын
Agreed! And if an employee quits because of the adverse conditions, that's still in the employee's favor for suing. My employer actually *encouraged* me to quit by telling me "We can understand if you don't want to continue in your role as....." Then when I said that I'm staying (after calling them out for misrepresenting my job and then having my job duties substantially decreased), they fired me on a very false reason. How do you like that?
@realdealastrology9
@realdealastrology9 2 ай бұрын
Your previous reply was deleted by you as I was typing, so here it is: don’t be sorry to ask. I am happy to tell. They claimed I violated hospital policy by posting specimen photos to my linkedin page. However, the hospital policy stated that you can’t post PATIENT photos without patient authorization. I have evidence that posting specimen photos, as long as they don’t reveal patient information (which they don’t), is perfectly fine and legal to do. On top of that, specimens are separate and distinct from the patient, so they are not patient photos. A patient photo is a photograph of them in the flesh. So in other words, they had to fire me for something. Why would they pay someone 100k a year to do substantially less work? They couldn’t just put me in the appropriate salary range for the work I was doing. That could have cleared up everything, but instead it will cost them a huge sum of money in court. I am predicting 7 figures. I will not settle for less when or if settlement comes up.
@henlohenlo689
@henlohenlo689 2 ай бұрын
@@realdealastrology9 there is alot of niche specific requirements need to be met for constructive termination case to be strong. good evidence and exhaust administrative remedies and much more. statute of limitations etc. then juggling laws that intersect like administrative law with regular law. then u need to have deep understanding of business entities and how employers use that to avoid litigation or minimize litigation. then there is paga claims on top of all of this to add even more complexity. so it was too complicated and i got paralyzed to bring foreth a case in time and my employers got away with the stuff they done to me. oh well i giess in future ill be stronger. also i had employers once i quit then they refused to talk to me making it hard to gain evidence or hold them accountable. but even something as simple as asking to inspect my employee profile they have 21 days to respond or else its a fine, but even this gets complicated because various hr staff play hot potatoe trying not to be one to handle it or speaking to owner is very hard etc. but getting it documented i sent that request is even hard because may not give official person for me to send request to etc. for me its quite challenging to litigate on employers.
@netomilt
@netomilt 2 ай бұрын
I'd definitely call this gentleman if I lived in Cali. You can tell he's honest. Keep up the good work.
@leighe5064
@leighe5064 2 ай бұрын
The FDA declared an official shortage of my medication. Alternative medications also became scarce & were astronomically expensive ($500+ for 30-day supply). It’s classified as a controlled substance so it’s not possible to stock-up to avoid running out in the future.
@stephenjackman6163
@stephenjackman6163 Ай бұрын
I broke my knee on the job, I accessed workers compensation. I had 3 surgeries, and months of physical therapy. I was placed on “light duty” …I was eventually fired for cause after 18 years of service.
@primafacie40
@primafacie40 2 ай бұрын
Mental health issue caused by employer
@realdealastrology9
@realdealastrology9 2 ай бұрын
That could be great for emotional distress.
@davidblaske6911
@davidblaske6911 2 ай бұрын
You don't say
@benettabranch497
@benettabranch497 2 ай бұрын
😂
@chessman70
@chessman70 2 ай бұрын
I was terminated for covid and tried workers compensation to get my job back but it was obvious decisions had been made behind my back. I could do nothing to protect myself. I am close to mid 50's and my body is beginning to break down. I don't know what to do.
@momyour69
@momyour69 2 ай бұрын
Look what tolling statues are
@precognation
@precognation 2 ай бұрын
Horrible how employers treat employees in this country. No conscience. Psychopaths.
@christopherallen9580
@christopherallen9580 Ай бұрын
America the Beautiful
@chaosmic
@chaosmic Ай бұрын
Deregulation by republicans for decades. Plenty of democrats in there, too, but not to the same degree.
@stevepape9011
@stevepape9011 Ай бұрын
For sure!!
@danteodor00
@danteodor00 Ай бұрын
Exactly! This happened to me two months ago! I developed a liver problem (first time in my life) related to food poisoning in Dec-2023. I requested and received 3 weeks of vacation & sick time to recover, which was approved. I came back to work in Jan and by Feb my manager started telling me all my work was sub par and started handing it all off to others. He fired me in April for "inability to do my job" ... It literally all started 30 days after I came back from my cobvalescent time off. This is in Washington state. I know it's useless to fight this, but it happens to literally everyone. Have no illusions, if you get sick, you get fired. And then you better have enough money to pay your medical insurance coverage out of pocket for your family, lest you lose that coverage and are immediately forced into bankruptcy with your next unexpected hospital visit.
@Nexesys
@Nexesys 2 ай бұрын
I need this series to be done asap. Im currently filing intermittent fmla for a shoulder injury that im having to take time off for physical therapy and injections.
@annielin2894
@annielin2894 2 ай бұрын
Just letting people know I called EEOC in New York you can file Multiple EEOC in your life time and you are allowed. Being an immigrant is not easy now at work it is very toxic!
@Peter-Du
@Peter-Du 2 ай бұрын
This is why there so many temp agencies out there.
@CT-yc4gd
@CT-yc4gd Ай бұрын
Something like this almost happened to a coworker of mine. He started having chest pain and difficulty breathing. Turned out he had an artery that was 90% clogged or something. He was out for 3 months. He told me the company tried to get rid of him until he quickly reminded them of the disability laws. They ended up taking him back, but in a sneaky step, they cut him down to 2 shifts a week.
@robg6965
@robg6965 2 ай бұрын
I have had injuries both on and off work, I have had surgeries, taken time off work to recover from those surgeries, and even though I am relatively healthy, I couldn’t avoid all those happenings. But I was not worried that I was going to get fired, that is because I am a union member and union membership has its advantages. Which is why many companies do not want unions and are even going after the NLRB of all things to try and stop it.
@AlexRodriguez-qk5qi
@AlexRodriguez-qk5qi 2 ай бұрын
Got fired for drinking on the job (bartender). I communicated with HR that alcoholics are protected under the ADA. The company freaked out and wanted me to talk to the CEO when I strung them along in the email chain.
@franjkav
@franjkav Ай бұрын
If you didn’t previously report your alcoholism, you could still be fired
@emiliog.4432
@emiliog.4432 2 ай бұрын
Big reason is payroll. Cutting costs by firing high wage workers.
@Darthsikk
@Darthsikk 2 ай бұрын
Which has nothing to do with what he's discussing.
@EvanMaxVelardi
@EvanMaxVelardi 2 ай бұрын
Excellent Video!!!! 😁
@benfrank8649
@benfrank8649 Ай бұрын
I was working a crazy schedule at a hospital, I worked, 3 12 hour grave yard shifts and one day shift. I emailed my boss that I needed to talk about adjusting the schedule because I have MS and I couldn't maintain that schedule and needed an accommodation of a schedule that allowed for a regular sleep routine. She never responded to my email, the next day I was called in her office with her boss and was written up for "poor performance" 8 weeks later I was fired. I really think it was because I told them about my MS
@patriciaikeda2608
@patriciaikeda2608 2 ай бұрын
20 years ago i had a bad pregnancy and got very sick when i miscarried, i was never told about FMLA or leave, now as a manger i advocate FMLA for my employees.
@doodlecrayon222
@doodlecrayon222 2 ай бұрын
My sister was fired after her employer said she doesn't qualify for FMLA leave because she only worked there 11 months and she had to work there twelve (12) months to qualify for FMLA leave. She never even asked for FMLA leave, she didn't know what FMLA was and she never heard of it, the employer is the one who told her about FMLA leave, then they fired her.
@francesdobbins2964
@francesdobbins2964 Ай бұрын
Very informative video.
@purplesprigs
@purplesprigs Ай бұрын
My mildly autistic son is a college senior with a 4.0 in computer science. He interviewed for two internships. During the first, he overheard one guy say to the other, "We don't want to make people uncomfortable" (nope). The other one he was offered, only to have the offer rescinded. I can only pray for what will happen when he graduates.
@franjkav
@franjkav Ай бұрын
If he had an offer rescinded recently, it’s likely due to the state of the tech industry right now.
@SirusQZ
@SirusQZ Ай бұрын
I doubt that is the case with a free or low paying internship. It was likely about not being comfortable with his disability and being slick enough to get around disability ADA protection laws him while limiting their lawsuit liability risk
@Adehead
@Adehead 2 ай бұрын
In 2020 I had a condition that I reached out to HR about. That year 90 employees also reached out. Everyone was accommodated to work from home with out going thru the interactive process. Following school year 2021 I had reached out asking about para positions for cyber school but none had been posted. I complained to several people. I was then put into cyber but not informed. FF to January 18 5:48 pm the day before discovery was to close. I received 1039 unmarked documents to open and review. These were interoffice emails as well as my transfer to work in cyber. Which was retracted within hours to days seeing emails where admins stated they were working with solicitor re my condition. Need I say more they did allow FMLA but started it before school year began while on summer break. The but-for cause is clear and the temporal proximity as well.
@donniehalcomb1120
@donniehalcomb1120 2 ай бұрын
We’re was you when I needed a good attorney back in 2018? SMH! You need to move to East Tennessee
@kmitchell838797
@kmitchell838797 2 ай бұрын
Currently I am on FLMA right now Because I was Diagnosed with PIDD and need to start infusion and I will need to change my schedule when I get back.
@chessman70
@chessman70 Ай бұрын
I had just returned from workers compensation they started harassing me for everything and then I went out for covid and they terminated me before I could come back. It was absolute retaliation for workers compensation but I couldn't get any attorney to help me.
@Eniral441
@Eniral441 2 ай бұрын
I'm sure it doesn't count for this, and laws have changed, but I was let go from a job because I was pregnant. It was during my 1st year when the probationary period was 1 year in which the employer did not have to give a reason. I also couldn't get another job for the same reason. Some admitted that it was the case unofficially and came up with other reasons officially.
@braniganrobertsonlaw
@braniganrobertsonlaw 2 ай бұрын
That's terrible.
@DavidElmergreen
@DavidElmergreen 2 ай бұрын
I developed Epilepsy and was fired after having several seizures at work and having ambulance called every time. Which was unnecessary if they would have took the time to learn how to properly respond.
@braniganrobertsonlaw
@braniganrobertsonlaw 2 ай бұрын
Yikes!
@JayGriffinRTZNJ
@JayGriffinRTZNJ Ай бұрын
I couldn't even book an inquiry appointment with the EEOC because their calendar had zero openings for 6 months out. I gave up. Then out of the blue they gave me just a few days to respond with a major amount of documentation or they would close my case.
@JayGriffinRTZNJ
@JayGriffinRTZNJ Ай бұрын
To clarify, I attempted to schedule week after week for 9 months, so no availability within the 180 days to be able to file a complaint.
@JessicaAStahr
@JessicaAStahr Ай бұрын
Walmart is a terrible employer when it comes to how they treat people. It doesn't matter how injured or sick you are if you have used up your very limited PPTO then they have a point system and 4 points your fired. The company also doesn't except doctors notes of any kind. I came out of the emergency room after having a severe concussion which according to the doctor caused major neurological damage. Wal-Mart required me to be back at work the same day and requested that I unload a 3000 piece truck. Later that night I was fired and they claimed it was employee violence.
@ilovecanines
@ilovecanines Ай бұрын
Yes, very common. I just left a job where they lied to me about the work hours to get me to sign on. When I submitted my resignation due to the long hours - consistent 10-16 hours daily without breaks, they asked me to stay on part time. Turns out part time was no different than being salaried - same number of hours, but with a reduced pay rate and no benefits. But they didn't share this with me until I was a month into this so-called part time status and continued to ask for clarification. So, with no change in work hours and no benefits but a reduced pay rate, I submitted my final resignation. I injured my leg after I submitted my second and final resignation, and even though I was released to return to work without restrictions, they used this as an excuse to not allow me to return to work.
@raven4090
@raven4090 Ай бұрын
I injured my back, but I could have done my job fine if they had let me sit down to do it. They fired me, then they lied to unemployment and said I had to quit.
@Trump2024FJB
@Trump2024FJB Ай бұрын
I hurt my back at work and they paid my medical bill.
@bettertruecrime
@bettertruecrime 2 ай бұрын
Signed an nda and don't want to sue them I want to sue whoever really made my life hell afterward
@sdstacey46
@sdstacey46 Ай бұрын
I quit while out on long-term disability because the job was so toxic that even if I'd gone back I would have been fired. My performance issues were directly tied to my mental illness. HR knew and I had accommodations, but my dean refused to recognize them. This was in 2022. I've been unable to work since then and now I'm trying to get SSDI before I become homeless (again).
@markme4
@markme4 Ай бұрын
A group of employees including myself were told by our employer our positions were being eliminated because there are too many workman's comp claims and that we would need to become independent contractors if we wanted to continue doing work for the company, no termination date was given, just that we should "be prepared" for the transition in the near future
@StayPositive-sd8op
@StayPositive-sd8op 2 ай бұрын
I also had a discrimination case at the job I had prior to the store I was working. It lasted 2 years which I went thru the EEOC
@lv-blackhawk
@lv-blackhawk 2 ай бұрын
Great video
@braniganrobertsonlaw
@braniganrobertsonlaw 2 ай бұрын
Glad you enjoyed it
@byefelicia8632
@byefelicia8632 Ай бұрын
This is NOT the employer refusing to work with the employee. Its people. And most of them are abusive.
@Gagglewarrior
@Gagglewarrior 2 ай бұрын
It’s honestly just sad
@mariekatherine5238
@mariekatherine5238 Ай бұрын
#1 Yes, but in NY, it was legal; unjust, but legal.
@angelacarbon4010
@angelacarbon4010 12 күн бұрын
I had sciatica. I would go to work, stay two hrs. then had to go home 'sick' due to the pain. I did this a second time in one week. My boss said, "You can't do that." I asked about a leave. She said, "I don't know how you may get it. Let's take it day by day." She set me up then. I continued to call in. She said, "A disciplinary meeting is coming because you've called in sick too often without proper documentation." They never told me how often was 'too much' or that I'd need documentation or when I'd need it. The meeting was never held because my PCP said to go to a spine specialist. He gave me a note verifying my disability. There's more but for this video, that's the crux of the story. They had to get off my back, as it were. :-)
@justrosy5
@justrosy5 Ай бұрын
A department store did this to me in 1997, right before Christmas.
@Theheavymetalshop
@Theheavymetalshop 2 ай бұрын
I got fired one time for coming to work with no love in my heart. How do you fix this ? I had been working there for 25 years.
@Erik007
@Erik007 12 күн бұрын
This is where im at right now with a company i was terminated with in 2023. I was dealing with a mental health emergency. Specifically around my PTSD. Terminated
@bettertruecrime
@bettertruecrime 2 ай бұрын
I've been blacklisted from any employment in Iowa
@thebigb1286
@thebigb1286 Ай бұрын
Not fired, but i was in a meeting during Covid and after i took my earphones off i had Tennitus. I said i needed a nurse to check it and that had push back. I said i needed 1/2 and hour for them to check. My boss screamed that was too much time, I didn't have it, i should get back to work.
@jgmatp
@jgmatp 2 ай бұрын
I got lymphoma at age 31. I was a corporate pilot for a family owned business. I needed chemo and radiation for about 7 months. You cannot fly an airplane legally while undergoing treatments. I asked my employer if there was anything else I could do. They assured me they would get a temporary pilot during my treatment time and to not worry, just go on disability and get well. I received FAA clearance to fly again after my treatments were completed. They fired me the day I returned to work, immediately upon receiving my FAA medical clearance.
@greenturtle5616
@greenturtle5616 Ай бұрын
I have hearing impairment and process information slowly due to medical reasons. I was fired from Stop & Shop because I too was violating too many policies. And I know some people that either quit or got fired from Shoprite because they had a work-related injury. I know I’m going to get comments regarding I shouldn’t use names but I don’t care anymore. Unions don’t work anymore and my paycheck becomes smaller and smaller as time goes on. These companies need to be addressed as the worst companies to work for. I need to spread the word about how these companies are trash regardless if they give back to the communities or not.
@johnruhd5917
@johnruhd5917 2 ай бұрын
My mother's employer did this so obviously she got unemployment benefits in Texas for it.
@franjkav
@franjkav Ай бұрын
Texas has welfare available? Lol
@BeigeRecluse
@BeigeRecluse Ай бұрын
“You’ve got a fast car, I’ve got a plan to get us out of here. I been working at a convenience store…”
@siobahnhurley85
@siobahnhurley85 2 ай бұрын
Yeah, good luck proving that though. Although I may have been handed the evidence during my unemployment hearing. 😏 I contracted a very tenacious case of bronchitis, and my lungs were having were still having problems. I took a legal LOA granted by HR. I was being treated, but I was denied short term disability due to lack of information. And doctors made them turn the heat up because cold air was a trigger for my issue.
@kenelder5182
@kenelder5182 Ай бұрын
The problem I have run into is that the one thing the employees most often can’t do is actually show up for the job and the job is not a work from home situation.
@dceufan
@dceufan Ай бұрын
.. I have to stop reading some of these comments, they are truly depressing. GOOD LUCK & FORTUNE TO ALL WHO POSTED & WILL BE POSTING. 🤞
@IgoZoom1
@IgoZoom1 Ай бұрын
I fell down my front stairs and shattered my wrist last year. I was out of work for 8wks and 2wks after I returned I was fired for alleged performance reasons. I sued and the case is pending.
@franjkav
@franjkav Ай бұрын
Good luck
@paulatobler8354
@paulatobler8354 2 ай бұрын
Disability Rights California will help people who are trying to get accommodations before they are fired.
@user-fo4vb1on8z
@user-fo4vb1on8z Ай бұрын
She even sent emails to all the supvisors that I was incompetent and no one else wants me to work for them.
@dewfall56
@dewfall56 Ай бұрын
Wish you could advice those canned by companies in Michigan.
@JesseLarrew
@JesseLarrew Ай бұрын
I was diagnosed with ADHD at the age of 44. I disclosed this to my manager and started asking for accommodations that would help me stay on task at work. Two months later, I was laid off. 🤨
@franjkav
@franjkav Ай бұрын
HR dude said to me I couldn’t have my adhd accommodations because they were unreasonable as they were “things adults should be able to do”. I immediately corrected him and he DESPISED me for it. That guy was a liability himself. He originally tried to talk over me and not schedule a follow up discussion, as if a disabled person submitting documentation and an accommodations request could only be one “round”. Aka to get accommodations, I would have to be a mind reader, or the company would have to actually be willing to approve something at all, instead of just discriminate.
@DoraSalsa
@DoraSalsa Ай бұрын
I worked for 20 years. I was terminated 2 weeks ago. I couldn’t perform one of my medical assistant duties ( phlebotomy) drawings blood. But I can do other things. I was told by a phone call that I was terminated. Human Resources hasn’t responded to my calls. It is my first time that I have been let go from a job. No other issues. I would like to know if I can apply for unemployment, at least to paid my rent. 😢
@T3hXinro
@T3hXinro 2 ай бұрын
New Branigan video? I'm here for it.
@EvanMaxVelardi
@EvanMaxVelardi 2 ай бұрын
X2!! love them
@kevinfilbin7688
@kevinfilbin7688 Ай бұрын
Your company has an army of lawyers and an endless supply of money
@pistolpat-16
@pistolpat-16 6 күн бұрын
Manager, Hr Rep and 3rd party company that handles FMLA leave interfered twice with my FMLA. The manager kept stalling my FMLA approval by telling the 3rd party FMLA company that he had some other scheduling options to offer me before they approved my FMLA. My FMLA was stalled. More details I can share but it would take a long time to type. To make a long story short...once the manager stalled out my FMLA continuance...I was terminated for "poor work performance" Manager, Hr Rep and 3rd party company was in cohoots with each other....So far I filed a complaint with The Department of Labor, wage & hour division...My reasonable accommodation request that was Refused dates back to 2022, and the 2 FMLA interference incidents occurred 11-23 and again 5-24...I was terminated for ALLEGED poor performance after I requested leave for 5-24...Still waiting to hear from The Department of Labor...filed a complaint in 6/2024....These employers are NOT scared enough of the CONSEQUENCES!!!
@carleycook
@carleycook 2 ай бұрын
Ironically, healthcare is horrible with this. I've been fired so many times for things like being unable to multitask because of my ADHD, brain fog from fibromyalgia and Ehlers-Danlos Syndrome, depression, anxiety, and PTSD.
@timjeezyy
@timjeezyy Ай бұрын
I’m sorry to hear about your health issues. Sounds like you have metals in your brain 🧠 . Which interfere with normal neuron communication, and this causes adhd, anxiety, etc. trust me that mainstream medicine does not know this. The author Anthony William (“medical medium”) has loads of info on the causes and how to heal from your afflictions. For you, I would suggest his newest book “Brain Saver”. I highly recommend his free podcasts and the info from his books, so it might give you some relief as it did for my mental health woes. Best of luck!
@carleycook
@carleycook Ай бұрын
@@timjeezyy thank you, but it's more likely that my connective tissue disorder (Ehlers-Danlos Syndrome) is the cause or contributing to those issues. There's scientific research that proves a strong connection between Ehlers-Danlos Syndrome, ADHD, depression, anxiety, brain fog, etc. Ehlers-Danlos Syndrome causes the collagen (the glue that holds everything together in the body) to be weak and defective.
@jadehalliday6636
@jadehalliday6636 Ай бұрын
WOAH 😮✨️
@jadehalliday6636
@jadehalliday6636 Ай бұрын
I have PTSD as a result of a mental injury from two differing staff members, on - site. As it was a police matter, HR weren't forthcoming in their Duty of Care, which resulted in me being subjected to further harm in that particular workplace. While I'm unsure whether some of your conditions are work related, I can assure you that employers have an obligation to protect you from further harm & retaliation as a result of your mental injuries.
@user-fo4vb1on8z
@user-fo4vb1on8z Ай бұрын
I had a stroke and my boss called me incompetent and incoherent and then said I needed to be retrained made things so hard that I couldn’t even handle it
@bradleypollack5658
@bradleypollack5658 Ай бұрын
I recently broke my toe. I worked for Black Bear Diner as a general manager. I was supposed to do light duty for 6-8 weeks. They accommodated me for 3 weeks then they fired me for frivolous other things. I could do the majority of my work.
@lincolnparc8897
@lincolnparc8897 2 ай бұрын
I have you in mind if I need you Mr Robertson.
@lesterparedes8358
@lesterparedes8358 2 ай бұрын
My wife has Generalized Anxiety Disorder (GAD) and has had a breakdown at work. They wanted to write her up for it. She currently is in the process of getting on a kidney transplant list. FMLA, you never think you need it until - Surprise! You do. Also, we take care of her mother, who has health related issues as well. My wife cannot care for her, so I end up doing it. Guess what? FMLA doesn't cover in-laws who live with you.
@EvanMaxVelardi
@EvanMaxVelardi 2 ай бұрын
it does with the California version of FMLA :) if you are in California use CFRA :)
@lesterparedes8358
@lesterparedes8358 Ай бұрын
@@EvanMaxVelardi Sadly, I live in Texas But thank you! That's great info for Californians!
@PeterSigurdson
@PeterSigurdson 2 ай бұрын
Prior to watching this video, I will say that they are paying you more than they could pay someone else. The fact that you have a history delivering that job and of working the details is not seen at the HR level.
@donaldhollingsworth3875
@donaldhollingsworth3875 Ай бұрын
Employers fire employees even they know it is against the law since they have high priced lawyers to fight & bankrupt employees who do sue their employer's against the law.
@markfunkhouser791
@markfunkhouser791 Ай бұрын
What can someone do when the employer reserves the right to fire you for any reason with or without cause?
@emiliog.4432
@emiliog.4432 2 ай бұрын
What about right to work States?
@xfiles4792
@xfiles4792 Ай бұрын
I would bet the biggest reason employees are fired is to cook the profit number for the company. Less employee expense leaves more money for profit and executive bonuses. Consequently there is a spike in the stock price so the executives can dump their stock options at a huge profit. Executives get the cash; you get the pink slip. Don't worry though, the government offers "worker training" so that your next job will be janitor.
@bgreg6069
@bgreg6069 Ай бұрын
good topic. there are two types of employee, who has a medical issue, and who will have a medical issue. best you can do is to take a good care of yourself, and keep yourself healthy. another thought. I'm form an Eu country, and my company does not do this dirty thing with employees. female worker can stay home with their new born baby for 3 years legally, and they cannot be fired. the company must keep their positions and employ them again, when this 3 years ends according to law. i just had a smaller surgary and beeing home for 3 weeks, and i do not have to be scared of loosing my job. they cannot, and they will not, fire me (anyone else) for this. my company handle this situation a very human way, and they do not fire disabled employees, instead they put them in another position, where they can continue to work. america is not a civilized country from this point of view. it is still the wild west. politicians must force to protect your citizens against companies.
@bettertruecrime
@bettertruecrime 2 ай бұрын
As far as they want
@HelloConnect22
@HelloConnect22 Ай бұрын
Why do I have a hard time lawyer can't even fight for me ? MONEY ? 💰 Falls I jury Then Get Fired
@HelloConnect22
@HelloConnect22 22 күн бұрын
So we're is my lawyer
@myobmyob2215
@myobmyob2215 Ай бұрын
Raise yiur hand if you would still be at that job if they actually did that I would
@bmanz8117
@bmanz8117 Ай бұрын
People title people as managers, , employer in the workplace. How about people that fire people for this are called A holes. Many peoole are just scumbags.
@MrNathanup
@MrNathanup Ай бұрын
I was fired from Macy's for being with my mom when she had cancer and I broke down
@silvercarolina4045
@silvercarolina4045 2 ай бұрын
NC can fired for anything with NO REASON.
@realdealastrology9
@realdealastrology9 2 ай бұрын
And so can 48 other states. It's at-will employment.
@atlan61
@atlan61 2 ай бұрын
Ok. Do you have friends in Texas?
@jmswillow5969
@jmswillow5969 2 ай бұрын
You don't go along with certain ideologies and political views. Aren't a covid denier. Tjose are the top. They make sure you somehow do not share company values.
@lasondrapierce7123
@lasondrapierce7123 2 ай бұрын
Amputated leg
@KarinDRoots
@KarinDRoots Ай бұрын
Well ish happens you can’t get fired when some harass you an you quit!! Big difference… I’m somebody too recognize!! Now try to duplicate my identity now!!! u know what I’m mean fake an phoney!!
@jeffreysmall8902
@jeffreysmall8902 2 ай бұрын
They would find another reason
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