WRONGFUL TERMINATION IN NYS. I am looking for a bit of advise on what to do. I worked for a LLC and loved it. Just recently my employer had her secretary call me. When I called back and spoke with the owner she told me that I was fired for supposely sayin

WRONGFUL TERMINATION IN NYS. I am looking for a bit of advise on what to do. I worked for a LLC and loved it. Just recently my employer had her secretary call me. When I called back and spoke with the owner she told me that I was fired for supposely saying a profane word in front of a child. I asked questions about the situation because I know I would never say the word that was brought up. She wouldn't tell me if it was the customer that complained or another employee that said I had said it, when it occurred or even the age of said child. When I was hired I did in fact list that I have bipolar disorder and wanted to explain what can happen with the disorder and that if it was said I have no control sometimes but she said there is no need to talk. With my bipolar disorder If I had used a profane word cWRONGFUL TERMINATION IN NYS. I am looking for a bit of advise on what to do. I worked for a LLC and loved it. Just recently my employer had her secretary call me. When I called back and spoke with the owner she told me that I was fired for supposely saying a profane word in front of a child. I asked questions about the situation because I know I would never say the word that was brought up. She wouldn't tell me if it was the customer that complained or another employee that said I had said it, when it occurred or even the age of said child. When I was hired I did in fact list that I have bipolar disorder and wanted to explain what can happen with the disorder and that if it was said I have no control sometimes but she said there is no need to talk. With my bipolar disorder If I had used a profane word could I use it to go after he for wrongful termination?? She does multiple things that aren't right including not paying overtime. She wouldn't tell me anything or meet with me and I believe that I was set up by another employee. I have never been in trouble at work and there is no code of conduct or handbook there. I asked if I could have another chance and she said no. She didn't want to listen to me, I was guilty in her eyes right off the bat, i know I would never say such a word ever let alone swear in front of a child, and if I somehow had done such a thing it really is because of the bipolar. I also have intermittent explosive disorder but she wasn't aware of that. I even have my signed paperwork from corporate where I wrote bipolar disorder under disabilities. Any help would be appreciated!!

1 answer  |  asked Aug 20, 2017 08:14 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Assuming no union, no written contract of employment or not a civil servant you were likely at will. They don't need a reason.

The disorder requires a "reasonable" accommodation. Allowing even occasional profane language is probably not reasonable. If medication does not control such behavior then the employer can fire you with or without a reason.

You absolutely must consult with an employment lawyer (someone who limits their practice to these issues) about unpaid overtime. You may have a claim on that. Good luck.

posted by V Jonas Urba  |  Aug 20, 2017 09:34 AM [EST]

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