Discrimination? Do I have a case?

I wanted to know if anybody thinks I have a discrimination case? here are the basic facts; I have OCD confirmed by a psychiatrist ,and psychologist. but have never claimed it as a disability. i have always find a way to work around it but have many jobs during my life . Iam 46 years old . To cut to the chase I just got fired form an inside sales ales job, my boss say it was because of low sales.

However, He brought up two instances where I believe it was my OCD kicking in. One he brought up I was taking too long to make some mailing labels when it was only about 10 minutes. The other incident he brought up was when I was customizing a fax and he called me on his phone from his desk and ask what I was doing and i rapped it up right away. Any way when he was firing me I asked so you firing me for low sales, he said yes twice. But I have a hard time believing this since it wasn’t even the end of the month we had six more business days left .

He said Tom you’ve never mad the amount sales you need in that time ever. Also what is interesting is two days before that i had went and talked to the Hr. assistant and said :Is there anyway you could initiate a talk with you, me and his boss, because I have a hard time communicating with this guy. i said "he is micro managing me. The Hr. assistant said sure not a problem I will me and my boss sometimes go through this.

So I thought fine then My sup ervisor brings me in two days later to fire me.I asked the Hr rep did you talk to his boss he said yes. Your boss and his boss I guessed talked.

My supervisor had talked to me at the beginning of the month and said "I was disappointed in you last month we need to see "considerable"progress towards double digits by middle of the month towards double digits.

Well obviously that didn’t happen. I knew at that point I was in trouble and that my OCD would start to kick in because this is how it was discovered then years ago.

When very authoritative Boss started micro-managing my every move. When this happens I get nervous anxiety ridden.fumbles etc… Yes I am on medicine and see a psychiatrist and get counseling …yada yada yada.

In fact , my counselor says it was the employer’s job to find get me tested and see if I had a problem not just fire me. He said he has worked cases and represented people. in cases like this. I don’t know if I have a case of Discrimination here with the EEOC or state. And also.

I dont’ want to screw up up my employment which i am writing for because I have never claimed I have a disability. I have always just worked with it. What advice can anyone give ? Do I have a case to sue this employer? Will it affect my unemployment?

My brother ‘N’ law had an incidnet with a large bank he worked for, and they sent him to counseling. They found out he was bi-polar. They didnt just fire him. Is this what my employer should have done? Do I have a cse with the EEOC? If so will it affect my unemployment?

It’s really impossible for anyone here to give you advice on this. You need to find an employment lawyer who can help you sort out all the issues.

You may have some protection under ADA: the Americans with Disabilities Act. It covers both mental and physical disabilities. I don’t know if OCD is one of the disabilities covered. But again, it’s very hard to wade through all the paperwork alone.

You need some kind of legal representation to get this whole thing done right.

If you want more info about ADA, here’s a good site. Sometimes it can be a little hard to find exactly what you want to know. But it’s all there someplace. It’s a consumer site sponsored by the govenrment, so the information is accurate.

http://www.jan.wvu.edu/

Good luck