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Do I have grounds for a worthwhile civil case against my former employer based on discrimination?
Fired from job as service coordinator (WV Title 19 MR/DD program) for letter to editor published in local paper RE: substance abuse. Letter only identifies me by name and general address, does not identify my profession or employer and does not disparage any person, agency or concern. Employer presumed that letter was grounds for termination due to company policy RE: employee conduct. Employer alleged the letter reflected negatively on the unidentified agency and (prospective?) consumers. Letter takes a libertarian view on substance abuse. Printed in June 23rd issue of Grant County Press.
I understand that WV is an "at will" state, but I was fired because the executive director concluded that somehow my opinion as a private citizen in a public forum reflected negatively on an unidentified entity.
I can cite and produce witnesses who can support the following:
1) HIPAA compliance officer knowingly discussed a consumer's case with an LPN at a funeral they both happened to be attending. The agency's executive director excused the violation because "the LPN started the conversation". This is a violation of company policy for which other employees have been fired in the past.
2) Substance abuse counselor who works as a bartender in a strip club. This is known by peers and consumers. The general consensus is that this is ridiculous and does indeed reflect negatively on the agency.
3) Residential supervisor who knowingly stated the agency's MR/DD residential consumers deserve nothing more than "three hots and a cot". This was reported by me to my immediate supervisor. This is in direct opposition to the Title 19 MR/DD Waiver's guideline of normalization. Also, the employee in question has a history of bullying families and consumers.
All three employees are still at the agency. I was know for my honesty and efficacy as service coordinator. I can provide written statements and witnesses that speak to my high quality of work and honesty.
Do I have grounds for a civil case against my former employer based on discrimination? FYI, I am male and the three employees I referred to are all women. I believe that policy is being applied subjectively to me, while three other agency employers have violated policy and there is no question that there was a HIPAA violation, conduct that reflects negatively on the agency, and statements that are disparaging to consumers receiving active services. I believe I have been discriminated against. I welcome questions and comments. Thank you for your time.
I did not work for the government. It was a community mental health center ( a non-profit concern) that depends on the government for its survival. The policy used to justify my termination is entitled "Employee Conduct"; it is delightfully vague and broad. There is no other specific policy in question. With some of the research I've done, it does seem I may have to lick my wounds and move on. I do plan to speak to an attorney (the one local representative I trust) to get his opinion on the matter... the guy is refreshingly blunt and honest. If he tells me I'm pissing in the wind, I'm done with this. Once again, thanks for your time and honesty. It is much appreciated.
3 Answers
- LoriLv 61 decade agoFavorite Answer
Probably not. One thing you do not mention is whether or not you worked for a governmental agency. If so, an argument could be made that your employer/the government was interfering with your right to free speech, in violation of the First Amendment.
Absent that, it is unlikely that you had a case. Did your employer have a policy regarding employees speaking to/addressing the media? If so, did you violate it by writing the letter to the editor, even if you didn't identify the company?
Also, generally speaking, you cannot use what other employees did, and allegedly got away with, to support your claim of unfair treatment. You can't get out of a speeding ticket by saying, "But everyone else was going faster than I was." You were the one who got caught, you're the one who got the ticket.
By law, your employer cannot tell you what disciplinary action they have taken against other employees. The three employees you cite may very well have been disciplined, but not fired, and you were not privy to that information.
You can consult an attorney, but it doesn't sound like you have a case.
- 1 decade ago
No. You were fired with cause, plus as you mentioned, you work in a right to work state and can therefore be legally fired without cause. Just because you happen to be the only male doesn't make it discrimination.
- Anonymous1 decade ago
Nope