Dear LConnell,

I has been unemployment for 4 months. One of the reasons the supervisor put me on the probation was because I did not follow his direction. The other reasons to put me on the probation was not convinced enough. And a friend of mine who worked with me day to day basic disagreed about those reasons.

I has a disability (hearing impaired). That was why I did not hear the instruction of the supervisor. The problem was I did not tell the supervisor about my disability. And I did violate the probation by making a small mistake. I did this mistake because I was so stressed with too much work and with this unfair probation. To make things worse, at the same time, I had to fix mistakes caused by other co-workers but I was the one to be let go.

My question is what should I do to fight this unfair situation. Is it too late or should I fill an appeal with the US Equal Employment Opportunity Commision? I want to fight so at least when the propective employer call this former employer for reference, they can not say that I was fire because of work performance.

Thank you very much for your advice.
Curie

You can still file a complaint with the EEOC. However, keep in mind that if your employer did not know you had a disability, it would be hard to say that they discriminated against you because of that disability.

I would send a letter to your former employer via certified mail with return receipt requested. Keep a copy of the receipt for later proof. In the letter, ask for reconsideration of the termination and explain the situation, as you did in this forum.

I would also go ahead and file a complaint with the EEOC. You say that your employer did not know that you had a hearing issue. However, that may just be your perception. Let the EEOC investigate the matter for you.

Let me know if you have any other questions.

Thank you very much for your idea. I have some questions regarding with this issue. If I win this case, then the former employer may have to take me back. Well, they would not be happy with that. I am afraid that if I go back to work there again, it would not easy and I will live in the hostile and stressfull environment. One thing leads to another, I would get fired again and this time there no way I can win.

In the case I appeal to the Commission , the prospective employer may be perceived that I may cause trouble for them (even though it is not true). What is your ideas about these issue? Thank you.
Curie

The EEOC will do whatever it can to ensure it doesn't put you in a hostile work environment. Chances are that the EEOC will negotiate a settlement, which may involve payment of cash, rather than returning you to work.

Even if you are returned to work, it is illegal to retaliate against you for filing the claim. Any termination will be looked at closely to ensure that it is warranted, rather than retaliation.

Let me know if you have any other questions.

Thank you for your advice. I will give it a try...

Curie

Can you tell me about the "At Will" employment of employer in California?
Thanks

"At will" means that the employer and the employee may terminate employment at any time for any reason, as opposed to employment situations where a contract exists, such as an individual employment agreement between the employee and the employer or when there is a Collective Bargaining Agreement (CBA).

The restrictions to "at will" are things such as illegal discrimination or retaliation for a person protecting their legal rights.

Let me know if you have any other questions.