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Fired for allegedly cursing my employer.

by Tom
(Rochester, NY)

My employer was unhappy with the doctor-prescribed medications I am on. They constantly called me a drug addict and told me they would not fire me, but that they would make things miserable for me if I did not quit. I continued working in telephone sales, but, they cut my guarantee and started canceling most of the orders I turned in. So my income dropped significantly. On my last week, they canceled every order and I made $0 for 42 hours of work. On the final day, the owner came by my desk and laughed and said, "Great week, no sales". I replied, "why don't you ever have anything positive to say to me?" He got visibly mad and said, "what are you still doing here, why don't you just leave". I said, I am not quitting. "Obviously you don't want me here anymore. If that is the case, why don't you grow some balls and just fire me" He yelled, "you are fired, now get the he** out!" I applied for unemployment and now my former employer is saying he fired me because I cursed at him and asked to be fired. That was not the case. Who is right?

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Mar 30, 2009
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Fired for cursing OR were you fired in retaliation and do you possibly have a discrimination issue?
by: Chris - webmaster:)

Hi Tom,

I wish you had gone into more detail about your meds. It is illegal for an employer to engage in what yours was doing. It is workplace harassment, possible discrimination if you have a medical condition and canceling all orders and not paying you is retaliatory.

BUT, there's always a but isn't there and usually, talking about unemployment the but is "can you prove anything?

I can't tell where you are in the process, but you need to expose, even if you do not have any documentation to back yourself up, what has been going on with the employer.

Personally, if things went down like you say they did...I would have contacted an attorney a long time ago, if just for a chit chat to see what I could do to stop what was going on.

http://www.eeoc.gov/facts/howtofil.html


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