Traumatic Brain Injury from Motorcycle Wreck ...
(Lafayette, IN, U.S.A.)
I was involved in a motorcycle wreck that put me in a coma. I also had a laundry list of other things that happened to me physically and mentally. My head hit the median on the interstate and I was pronounced dead at the scene. My brains were knocked out of the left side of my skull and the broken bones are too many to list. You can't tell all the horrific trauma I endured, but my story is all over the internet.
Anyway, I started a job and let the owner and supervisors know that I needed more time to comprehend things due to my injuries and they were okay with that. They also had me start the last day of training because they felt I was sharp enough to catch on pretty quickly.
The managers and owner called me into the office a few days later (I'm thinking I was doing a great job) and they said they had to let me go. And when I asked why they said verbatim, "Because we don't think you are capable of doing this job because of your brain injury." And yes, they specified that exact phrase.
I spoke to another co-worker after pleading with them to let me stay and this gentlemen told me, out of the blue, that the managers were telling others there that I wouldn't make it because of my "Brain Injury". I just thought to myself, "Wow". I left in a matter of days because I could hear people talking about me and staring at me. That by itself made me very uncomfortable, so I left.
I have recordings of the supervisor speaking to me as if I'm a complete idiot too. I have more info if needed. What can I do about this mistreatment due to my brain injury? Thank you.
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ANSWER for "Traumatic Brain Injury from Motorcycle Wreck...":
Brian (Lafayette, IN, USA):
Regrettably, truth is an absolute defense. When you first interviewed with your employer you were the one who told them “I needed more time to comprehend things due to my injuries”. Clearly you were referring to your brain injuries.
It is also plausible when speaking with your employer or fellow employees you mention the accident and the brain injuries you suffered. If the employees then discussed your brain injuries publicly or privately they haven’t really done anything which would be legally actionable.
You may not be happy with their repeated public references to your brain injuries, but there isn’t really anything you can do about it other than ask them to respect your privacy.
The employers didn’t have to hire you in the first place. It is doubtful they hired you with the intention of firing you, especially as you initially told them about your brain injuries. It appears they gave you a break when hiring you. They wanted you to be successful, but apparently you weren’t.
Unless you can prove the employer hired you with the express purpose of letting you work for a short time and then firing you so they could enjoy ridiculing you, you really don’t have any legal recourse.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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