Q: Kroger fired me following a panic attack (CPTSD) after a coworker yelled at me, can I sue?
Hello. I began working at a Kroger factory in October last year. In November, i had a panic attack due to a coworker yelling at me, and I have CPSTD, and being yelled at or facing aggression of any kind sends me into panic attacks. That day, the supervisor sent me home. Before that, she told me that she didn’t think I could handle working there as she was “afraid anything would serve as a trigger to me”. Two weeks later, I was fired for a bad 30 day review, despite how hard I worked. Unemployment determined that they did not have just cause to fire me. Ever since I got fired, my life has been in shambles and im struggling financially and mentally due to not having healthcare or money to get prescriptions filled for my multiple mental illnesses (bipolar, major depressive, anxiety and CPTSD). Do I have a case? I have been wondering if I do or not, due to the situation in which I was fired.
A: Sorry to hear about your experiences. Under federal law (the ADA) you would have to prove that the employer knew you had these disabilities and that you were fired because of these disabilities. You carry the burden to prove your case. If you worked in Ohio, you should locate a local employment attorney and discuss your options. Do not delay. Employment discrimination cases have strict deadlines for taking action.
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