Wrongfully fired after almost 14 years of loyal service. Reported OSHA violations, HIPAA, ADA and various discrimination charges

Asked 11 months ago - Phoenix, AZ

I was wrongfully fired after Union, company and federal agency ignored OSHA, HIPAA and Disability rights. I notified OSHA of company/federal agency/ Union ignoring immunizations and I contracted a viral infection during an outbreak at the facility and unknowingly took it home and shared it with my family. This can all be proven with all 3 of my doctors.
The company was fined and I was fired after receiving a very threatening and hostile work letter from the actual company president. They handle big multi-million contracts for the feds. I can't seem to get any help and all three organizations allowed unfair discrimination with me with repeated physicals, EKG's and blood -drug tests. The company withheld my results for over a year until OSHA got involved. The physicals are not even in the cba and the contract. This has huge class action potential and I believe that's why I was singled out and terminated after almost 14 years of service. There is so much evidence with legal documents, recordings and emails. I contacted over 30 agencies to please make the company/ federal agency/ union stop to no avail. I forewarned all agencies that they were targeting for my disability to no avail. Can You please help me?

Attorney answers (3)

  1. Barbara Emily Cowin Figari

    Contributor Level 6

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    Answered . It sounds like you have a case for retaliation, but it will depend on various Arizona statutes governing retaliation claims against former employers. If there are federal issues involved, you may have a claim under various federal statutes. You should contact lawyers such as myself who specialize in employment matters, and be mindful of various statutes of limitations that apply to your case. Sometimes these can be as short as 6 months to 1 year.

  2. Marilynn Mika Spencer

    Contributor Level 20

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    Answered . ** CONFIDENTIAL COMMUNICATION ** The information contained in this electronic mail (e-mail) and any attachments is for the exclusive use of the addressee(s) and may contain confidential, privileged and/or proprietary information. Any other use of these materials is strictly prohibited. DO NOT COPY OR FORWARD TO UNAUTHORIZED PERSONS. Unauthorized interception of this e-mail may be a federal criminal offense subject to the Electronic Communications Privacy Act, 18 U.S.C. ยง2510 et seq. If you have received this communication in error, please notify us immediately by telephone at (619) 233-1313 and destroy all electronic, paper or other versions.

    It seems like the thrust of your case is whistleblower retaliation. For more information about whistleblowers and their rights, please see my Avvo guide: http://www.avvo.com/legal-guides/ugc/whistleblo...

    That said, your post implicates an unusually large number of potential legal issues, so much so that no one administrative agency can possibly handle it all. As you seem to recognize, you need legal assistance. Make it easy for an attorney to help you. Recognize that all of us are extremely busy and as a practical matter, do not have the time to listen to full details from everyone who calls. For example, my office has two attorneys and one legal secretary. We receive at least 20 contacts every week from potential clients. If we spent just half an hour on the phone with each potential client, that would equal ten hours . . . a full 25% of a work week. We simply cannot devote that much time to non-clients.

    So, as I said, make it easy for attorneys you contact to get interested in your case:

    Employment attorneys want certain information right up front: the name of the defendant, the name of the employee; if the employee was fired (or denied reasonable accommodation, or laid off, or whatever the issue is, in five words or less); the date this happened; the reason the employer gave for whatever happened; how long the employee worked for the defendant; what job the employee did; how much the employee made; and any deadline.

    Employment attorneys do NOT want to hear that you have boxes of documentation or that your situation is too complicated to describe on the phone. Nearly every single caller says something similar. Good attorneys have far more potential clients than they can possibly accept. Good attorneys pick and choose among the good cases that come their way. If there is an option of a good case where the potential client is clear and concise, and an equally good case that will take hours and hours just to get a handle on, which case do you think the attorney will favor?

    If you are having trouble finding an attorney for your case, there are several possibilities:

    -- you are not looking in the right place for the right kind of attorney;
    -- your case does not have as much value as you think; or
    -- you are not presenting your case in a way that makes sense to the attorneys (note my suggestions above).

    You can find a plaintiffs employment attorney on the National Employment Lawyers Association (NELA) web site www.nela.org. NELA is the largest and most influential bar association in the country for attorneys representing working people. You can search by location and practice area. Also, NELA has affiliates in every state and many cities which are listed on the NELA site. Not all NELA attorneys are named on the web site or affiliate site. This should not influence your selection; attorneys can choose whether or not to purchase a listing in the national directory, and each affiliate has its own rules for listing.

    I hope you can resolve your situation and wish you the best.

    @MikaSpencer * * * twitter.com/MikaSpencer * * * PLEASE READ: All legal actions have time limits, called statutes... more
  3. Scott P. Batey

    Pro

    Contributor Level 9

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    Answered . You should immediately consult with an employment attorney. It sounds as though you have a Whistleblower's case, but you should act quickly as some states have a 90 day statute of limitations. You may also have an ADA retaliation case, you refer to a disability, but do not say exactly what your disability is. Under the ADA a disability is a medical condition which substantial interferes with a major life activity. There is more to it, than that definition, but that's a good jumping point. If you have a disability immediately file a Charge of Discrimination with your local EEOC as you only have 300 days from the termination.

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