Fired from job 8 years ago.

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Hey folks

I had my dream job in 1999, I was fired in 2000, because I was unable to explain my social disability. Now that I can explain it, My question is, would I have a case for discriminition in the workplace under the ADA? any advice might be helpful for me decide if I should pursue that course. I was a desktop support technician, I also lost a promotion due to my aspergers. thank you in advance

your friend,

Andy/Ydna

edited to say I think this right place for this post, I just wasn't sure where to post :p

I don't think you can take any legal action based on a disability you didn't make them aware of, but if you really want legal advice you should go to a lawyer.

I don't think the law applies because they couldn't have made special accomidations based on information that they and you did not have at the time. I believe it only applies if you knew and told them and they refused to make accomidations that were not a financial burden to them.

Hwever...you do know now and could use it in the future to ask for accomidations. This is tricky though, because I wouldn't mention them in a job before I was hired.. Thye are not supposed to descriminate against hiring us but proving that is why you weren't hired is impossible. I personally would use the information in applying for job, (finding jobs that used my strengths and not my deficits), this has become increasingly deifficult though as so many jobs specifically mention...team work, good social skills, good verbal communication skills, executive function and multi-tasking . If I was paranoid, I would begin to wonder if someone wasn't writing these word adds specifically to exclude people with AS.

Were you fired or not? Did you not get fired or did you just not get promoted to the position you wanted? Were you called in HR one day and asked why you were having social issues and when you unable to explain them, they terminated you?

I was in a similar position, I was working a a companie called Convergys, in a Desktop support position, I was regularly passed over for advancement, I was considered antisocial, and would never follow the dress code which was actually fairly lax, but I would get into trouble for the t shirts I would wear, I was also not a companie brown nosier, which never went over very well, with management. The only reason they kept me there was to keep people on the phones, and it had nothing to do with experience or technical knowledge, management was proof of that, convergys scraped the bottom of the barrel with them. I use to laugh if I was called to the office for some minor infraction, like telling the customer the truth about HP computers being total garbage, I was also accused of starting a thread at the Convergys Sucks forum for the Edmonton Hp Pavilion center, maybe I did but that beside the point, since we live in a democracy. These companies only promote so called normal people into better positions, leaving the one's who do the actual work on the bottom, consider your self lucky you didn't stay with them longer then you did, I was with Convergys for over 3 years, but after being demoted from Hp 3rd party support to Comcast unplugging the modem support, along with a 1/3 cut in pay, I worked one day and hung up on a customer, took all my paperwork and chucked it in the air and walked. I would wish you good luck on trying to file a case for discrimination, but after 8 years it would be to late since the statute of limitations has most likely ran out by now, I would like to file a complaint against convergys for being a bunch of jerks.
Pheww that was a big rant

thank you everyone for the replies, after further anaylsis, I don't believe I will open a case, that anger is gone, now that I can explain my disabilities in a way that makes sense to me,its time to move forward I'm too good for them anyway

Love yas all

Andy

There's usually a time limit for civil cases like this one. Probably no more than two years after, possibly less. It's a good idea to find out the time limit for your jurisdiction in case it happens again.

I was not made permanent and not hired for another position at a high tech company a while back and I know sexism was a factor, but by the time I found out I had legal redress, it was far too late. Next time, however . . .

the statute of limitations has probably tolled on your claim