Fired For Having Ptsd?!

[Celestial]

For the last few months I've been working at this crappy restaurant. One of the new chefs, who wasn't working there when i joined the team, started to abuse myself (verbally, emotionally and mentally) and other employees even physically sometimes. (I.e. shoving rotten food into an employees mouth)

Basically she verbally attacks me every day, in any way she can. She constantly does this. My manager has had to 'save' me from her multitudes of times. She also has shown me that she's carrying a concealed weapon (a gun) before and I did NOT like that.
Why do you need a gun in a restaurant unless you're doing some shady things?

Today my PTSD really hit me harder than it has in a long time. I woke up with anxiety, feeling like I was about to get sick to my stomach, crying, the works.

I call my manager to address the situation which had clearly gotten out of hand.
So I call him, and as soon as I mention that I have PTSD, he fired me. Just like that.
AND it's not the first time I've told him, but due to his alcoholic tendencies, he can barely remember anything.
(Keep in mind this man is a retired attorney)

Basically, I just got fired for having PTSD/anxiety.
Is this not HIGHLY illegal?
I would love to pursue some legal action against these people...
After reading up on what employers are *supposed* to do to help people with PTSD/anxiety, I'm pretty PO'd to say the least.

If anyone has any kind words of wisdom, or any advice, it would be GREATLY appreciated.

Thank you so much,
Celestial

 

[7Cs]

Yes it is illegal to fire someone for having PTSD.

 

[JEKBreatheandBelieve]

Definitely illegal to be fired for having PTSD though it sounds like it's a good situation to get out of if you can find another job, which I know is not always easy. However, that did not seem like a healthy place to work.

 

[lostforgottensoul]

Is this not HIGHLY illegal?

You CANNOT be fired FOR PTSD as yes, that is illegal. You are covered by the ADA, EEOC, and a few others.

BUT, ADA says that you must be able to do all job duties & responsiblities.

If you're fired for PTSD and no job duties suffered, then you need to gain a laywer.

If you were fired because you couldn't perform a/some job duties then that isn't illegal.

 

[ArcadeClash]

For the last few months I've been working at this crappy restaurant. One of the new chefs, who wasn't...

My goodness, Celestial. That is ridiculous! I am sure you have some grounds for some kind of lawsuit against them. I had a job that was very stressful that I recently lost..and it sounds very similar to what I went through there. Here where I live they can just fire you for no reason and not explain so I understand the amount of stress you must be under on top of the PTSD. I don't know what kind of laws they have where you live but it would certainly be worth looking in to or consulting a lawyer. Wish I could be of more help!!! I'm so very sorry you are going through this... Keep your chin up.

 

[desiderata310]

yep. Illegal as f*ck. If you're interested in pursuing it you can call the DOJ.

I remember my therapist looking at me in shock and dismay when I told him I was fired after being hospitalized for a suicide attempt. He was angry for me and asked why I didn't pursue it. I told him I knew it was wrong and I just didn't have the energy to fight it. Seriously, what was I going to do? I was going to SUE a law firm?

 

[Justmehere]

Wow, this workplace sounds awful! That chef should be fired in a hurry and then to be fired for having PTSD?! Awful!

Can you get some kind of written documentation on why he is firing you?

At this point, he can easily claim it was for some other reason since it was verbal and any report to the proper authorities might go nowhere unless you can document it somehow.

In the future, if asking for accommodations or adjustments for PTSD, ask for it in writing and create a good solid paper trail.

I'm so sorry this happened! :hug:

 

[Neverthesame]

She also has shown me that she's carrying a concealed weapon (a gun) before and I did NOT like that.
Why do you need a gun in a restaurant unless you're doing some shady things?

Does this person have a permit to carry a concealed firearm?
If they are in compliance with federal and state regulations, it is within their rights to carry. Unless the manager tells this person they don't want guns in their establishment. There's not a whole lot you can do.
If they threaten you with the gun, that's different.

As for being shady? Maybe, but it's not a given. A lot of people carry firearms for defence. That being said, her behaviour is disgusting.

So I call him, and as soon as I mention that I have PTSD, he fired me. Just like that.
AND it's not the first time I've told him, but due to his alcoholic tendencies, he can barely remember anything.

Are you sure?
You told him about your ptsd several times. Why didn't he fire you on those occasions?

Basically, I just got fired for having PTSD/anxiety.
Is this not HIGHLY illegal?

It is illegal.
You have a doctors note for your accommodations yes?
Somthing that outlines to your employer that you do in fact have a psychiatric illness that handicaps you.

While you are under no legal obligation to disclose your diagnosis to your employer, if you want accommodations for your more unpleasant symptoms, you need to get a formal diagnosis. No employer is going to pay an employee the same money to do less work, on nothing other than their word.

As was said already. Document, document, document. You need to cover your butt, if you hope to file suit.
It's expensive, hard work and overall exhausting to do, there's no guarantee you'll win either.

Sorry if I seem harsh, but you will need to prove everything in front of a judge. They will expect you to backup your claims. If you can't get all of your ducks lined up, you might be better off just finding a new job.

Hope it works out for you, whatever you choose to do.

 

[Celestial]

Yes I have all the documentation, I've been on anti anxiety medications for over 5 years and still am. I just didn't tell him I took these medications because I felt it wasn't any of his business and it didn't effect my working at all, so it didn't matter in my book.

 

[Celestial]

You CANNOT be fired FOR PTSD as yes, that is illegal. You are covered by the ADA, EEO...

No I was literally the only one who actually gave a rats a** about that place lol I worked so hard for them because I didn't want them to tank so I worked every day and was always on my game. Then this chef started abusing me and making me feel very uncomfortable with everything she did or said.

 

[Celestial]

Also as for the gun thing, I'm totally fine with people carrying a concealed weapon, but when they're a little wackadoo in the head, I don't think they should be allowed to carry lol. But she showed me her gun, not in a "I'm going to protect everyone here" manner, but as kind of intimidating. Like "look what I have. Better not F with me." Very uncomfortable situation.

 

[Celestial]

Wow, this workplace sounds awful! That chef should be fired in a hurry and then to be fired for havi...

I had my manager on speaker phone when he did this and I was in the car with my mother. Her eyes nearly bulged out of her head when this happened! I do have a witness and also I have a witness of the abuse from the chef.