I just got fired over a french fry!

[laylah]

True story. I worked for a local casino. Managment, cooks, etc were allowed to eat whenever, wherever, whatever, they chose but the food servers are not. I have been busted a couple of times before for toast...yes, toast. Today it was a french fry.

I was told I had had too many disciplinary actions (write ups) therefore, I was fired. I started there in Dec. of '08. My record was pristine, PRISTINE for 8 months until I divulged my bi-polar, it has been hell ever since.

I am numb.

[Fire Walk With Me]

1. Sorry to hear it!

I hope that you feel better; hang in there this holiday season!

Someone will want you for your skills despite any personal difficulties.

[laylah]

7. Well, actually

I am a social worker that was pretending to be a food server. I hope you are right, Fire Walk With Me; however, I am 58 years old and we all, at this age, knows what THAT means :hug:

[LeftyFingerPop]

2. laylah...

Did your employer know that you were diagnosed as bi-polar?

[LeftyFingerPop]

3. wait...just saw the word "divulged".

[LeftyFingerPop]

4. If it was your bi-polar condition that was causing you to have relatively minor problems at work...

then it is your employer's responsibility to make special concessions for you if they employ over a certain number of people according to the ADA act.

This, on the surface only, sounds like a wrongful termination as long as you did not commit a gross violation of company policy or if you were simply unable to do the job.

[laylah]

6. Lefty dear

thank you so much but knowing and PROVING are two different things. Thanks so much for your input :hug:

[LeftyFingerPop]

9. I know, but listen, here is the way I am reading your OP...

Please correct me if I am wrong...

1) You had a pristine record.

2) You divulged to your employer that you are bi-polar.

3) All of a sudden, your pristine record goes away and they start putting the hammer down on you for every little thing...leading up to your termination.

If this is what happened, you may have a good case, but I am not a lawyer, and I also know how hard it is to prove these things.

In any case, I am sorry that this happened to you, and I am sure that you will land on your feet. :hug:

[laylah]

10. You are reading my OP

correctly. Pristine record, divulge bi-polar, shit ever since.

I don't have the energy, emotionally or physically because of other issues; however, I will say this. My daughter worked for a newspaper for 5 years, she is bi-polar, checked herself into a hospital out of fear of self-harm. She called HR about insurance, went back to work and was gone in a month. She spoke with an attorney and was told this is one hell of a hard thing to litigate. Her firing was more blatant than mine so therefore, I won't go there. I DO want my unemployment, though. Hopefully, my records will help with that.

Thank you SO much :hug:

[LeftyFingerPop]

13. I understand.

Best of luck to you, laylah. :hug:

[arcadian]

5. Petty little bastards

It was always that way at the restaurants I worked. The cooks and management were always scratching each other's backs because it was so hard to find good cooks, if you had the bad luck of working for a cook who was a dick they could make your life miserable, doing your orders last, etc. wait staff always gets the shaft. Sorry to hear about your story, it's a good thing though, those jackoffs don't deserve somebody like you working for them.

[laylah]

8. YOU are a doll!

Thanks so much for your wonderful words :hug:

[ThatsMyBarack]

23. What arcadian said!

:hi:

[upstandingcitizens]

11. Employers

always pull this crap when they think you could be trouble down the road. You might just cost the health insurance dontcha know? I got fired once first payday after being cleared on a comp case. I guess they'd expected me to continue working on my feet 9 hours a day wearing a cast on my broken foot.
Scumbags

[laylah]

12. I do have to say

insurance is not an issue as I have mine through my husband; however; being "trouble down the road" they may have seen me as as I did not "conform"...damn me :silly:

Thank you for responding :hug:

[Hell Hath No Fury]

14. Um.

It sounds like you were busted after your third infraction. :shrug: Food servers cannot eat whenever, wherever, whatever yet you were caught eating toast, toast again, and then a fry. Hate to be picky but you were breaking the rules. :( I think the rules happen to be pretty shitty, but they make'em not me.

[laylah]

15. Thanks for your

input :hug:

[LeftyFingerPop]

16. Read her OP again...

My guess is that she was eating here and there since day one. They decided to use this as an excuse to get rid of her after she disclosed that she was bi-polar.

[laylah]

18. ..

:hug:

[kimi]

17. I'm so sorry

This is a terrible time of the year for this to happen to you. If at some point you do decide to find out if this is discriminatory practice due to your bi-polar condition, there are attorneys who will work on a contingency basis. Whatever you do, good luck, and I hope things improve soon for you.

[laylah]

19. Thank you Kimi...

I am at a loss right now. Trying to be positive (door closes, another opens kinda stuff). :hug:

[laylah]

20. Thanks to all

who responded. I have drunk/drank enough wine to sink a ship since 3pm CST so I am going to bed. Best place for me right now.

I LOVE my DU family :grouphug:

[BlueJazz]

21. I have some Friends that....ah...could "Fix" your problem.

You talking to me??..What?..You say she's coming back to work at twice the pay ??? :) :)

.
.

[laylah]

22. ...

LOL! Thanks, I needed the laugh :hug:

[goldcanyonaz]

24. I would document all you can remember since working there and contact an attorney.

[laylah]

27. As I said earlier

and related my daughter's story, I don't think there is a snowballs chance in Hell; however, if I can just get my unemployment, I'll be happy. Thanks for your response :hug:

[GreenPartyVoter]

25. That sucks. I got fired from two diferent jobs over the years. The first my bipolar was

undiagnosed, unmedicated, and unchecked. I was a food server too and I needed to set the tables. But I was obsessed with counting out the silverware to make sure I had the right amount. The of course I would panic that I miscounted and started over again, and again, and again. The other one I did the same thing with my cash drawer. Had to count it over and over before I could get it right. Also, couldn't run the frickin thing to save my soul. My memory is pretty shot and I couldn't keep all the instructions in my head. :(

I hope you can work things out and get a better job somewhere. :hug:

[laylah]

28. Well,

I'm a social worker that was pretending to be a food server. Unfortunately, although I have over 30 years experience, I am 58 years old and ageism is alive and well. Thank you so much for responding :hug:

[GreenPartyVoter]

32. Yeah, the ageism thing is terrible, and it's particularly heinous at a time like this when

so many older folks need to remain in or re-enter the workforce due to the poor economy. :(

[rebel with a cause]

40. I had a degree in social work and was working as a

child development person in an agency. I was written up for spilling sugar (a small sprinkling) on top of the microwave. What was funny was that I was called into the office and confronted on this spillage and setting in the room across from me (by the boss) was the woman who actually did the sugar spilling every morning as she fixed her coffee. I said nothing and accepted the reprimand without ever admitting that I had did it. Later I was blamed for other people's actions time and again, because every time I was blamed it was one of the bosses favorite staff members. This job was a job from hell and there was worse things than this that happened on it!!!

So I understand that if the boss has a reason to target you, they will.

I was diagnosed with PTSD due to my marriage and this job. (I think there is more to it than this but I am not going to argue with the professional. LOL) I cannot sleep without taking medication because I cannot turn my thoughts/memory off.

[laylah]

43. Oh my...

that must have been hell for you :hug: I don't do well getting accused of things I haven't done but will own up to what I have. I did take a bite out of that french fry :silly:

[Odin2005]

26. Damn, I'm so sorry!

:hug:

[laylah]

29. Thanks Odin

:hug:

[Bennyboy]

30. Oh man oh man...What a world we live in....

Can't tell anyone about anything.

[laylah]

35. ...

:hug: What a crass and unfeeling society we have become, yes?

[HopeHoops]

31. FUCK 'EM - They don't DESERVE you!

Assholes.

[laylah]

36. Most folks don't

they just don't realize it...I am honored that you do :hug:

[AsahinaKimi]

33. very sorry Peggy

:hug:
A few years ago, I was working at an Answering Service. We were informed the Company was going out of business a week before Xmas. We got our last checks, and had one last Xmas party the day the place was to be shut down. The story got out to the newspaper and some woman donated 50 dollar Saveway cards to each of us for Xmas. By Xmas day we were all without Jobs so as of January 1st, we were all looking.

I know how badly it feels to be let go around the holidays. I hope you can find something to your liking. I am sure you will.

[laylah]

34. AsahinaKimi...

thank you so very much for your supportive post; however, I must say, my name is Jennifer, not Peggy. Easy mistake to make :hug:

I am grateful that others know my feeling of desperation, finality, sadness, and whatever else would be. I WILL survive, somehow, someway.

I am SO grateful I have my VW Westy...I'll always have a place to live.

[AsahinaKimi]

38. Omg!

Sorry! I saw your logo and thought it was Califorina Peggy!! Gomen Nasai!! :cry:

[laylah]

37. The empathy here is

overwhelming and I thank you all, my DU family :grouphug:

[Manifestor_of_Light]

41. Make and keep detailed records of what happened when.

Who, what, where, write down all details of confrontations/reprimands/incidents.
Go talk to an employment lawyer who specializes in Federal EEOC/Labor Law.

You notified them of your disability and they were supposed to make reasonable accommodations; apparently they did NOT make reasonable accommodations and fired you in retaliation for your disclosure.

A lot of employers get in trouble because they discriminate, and then when they are called upon it, by the employee filing a complaint with the EEOC, they retaliate by treating the employee worse. That means they just got two allegations filed against them instead of one.

PLEASE talk to a lawyer and see what they say. I used to be a court reporter(the person that bangs on a stenograph machine sitting in front of the witness stand) -- did it for twenty years -- and this kind of stuff happens all the time to employers on EEOC cases. They just make it worse by retaliating.

Full disclosure: Yes, I am a lawyer, I have a Juris Doctor, but I do not practice law nor do I play one on TV. :D

[laylah]

45. Thank you for your suggestions.

I am getting my HR file on Monday then will file a complaint with the EEOC on-line, and let them initially run with the ball. We'll see where it goes from there.

Thank you again :hug:

[Kali]

39. Well how appropriate for the season. Wonder if the asshole is a good xtian?

Sorry this happened to you. I know you don't want to fight but it might be a good idea to at least "register a protest" of some kind just so it doesn't look like you walked away "guilty"

They were unfair and not only did you get screwed but the next person will probably too. Maybe if you object (not to the point of being unhealthy for yourself, just enough to make a point) they will at least be more cautious about such dickish behavior in the future.

Other than that convoluted thinking, I hope things get better soon. Be good to yourself.

[laylah]

46. Thanks, Kali

Am doing my darndest to be good to myself. Had my first anxiety attack in months, about 1 this morning. It was a doooooooooozie, I tell ya. Will not/CANNOT let this affect me like this.

I do plan to file a complaint with the EEOC then let it go and see what they can do.

Merry Christmas and Happy Holidays to you and yours :hug:

jenn

[UrbScotty]

42. (((((laylah)))))

As a couple of people said, if they're that picky, they don't deserve you anyway.

Peace.

[laylah]

44. Thank you...

:hug:

[WinterParkDonkey]

47. Tqo questions and a suggestion....

By way of disclosure, I am in management at a restaurant.

1.) Question - what were the circumstances of you disclosing to your employer that you were bi-polar?
2.) Question - is there a posted policy regarding servers eating? Is it enforced?
3.) I don't know your circumstances but if you worked at this place a year, I would consider swallowing my pride, calling the HR director and asking for my job back.

I know that a lot of servers get the munchies esp. when they are in the kitchen cleaning plates or feel its okay to sample food, but where I work it is frowned upon. Althought no one would be let go.