I was recently terminated from my position and one of the reasons listed was because of panic attacks during audits.

66 Comments

1. AnonymousMay 15,2023 at 11:24AM UTC

   I’m so sorry this happened to you, I’ve also been diagnosed with generalized anxiety disorder and panic disorder so I understand what you’re going through.

   Your employer is not your friend! They pay you to perform a service, not counsel you through your anxiety. Harsh, but true.

   It sounds to me like you let your guard down and disclosed your condition (albeit in a half-joking way) and it’s backfiring. With you comment, you exposed a vulnerability and introduced doubt about your ability to fully perform audits because of this condition. While I understand the comment was made in jest, you served up a reason for them to terminate you. They don’t want the liability of having to navigate around your panic disorder in the tense and highly technical audit environment. If you’re in an at-will employment state, it was that much easier to make this decision.

   Im not too surprised that an employment attorney won’t take this case so consider how much more time you’ll invest in righting this wrong. Rather, channel your energy into some self reflection and how you’d handle disclosing your panic disorder at future employers and finding a new job.

   Again, I’m truly sorry this happened to you. Best of luck in your next steps.

2. Paulla Fetzek, MSEdMay 15,2023 at 1:28PM UTC

   I am so very, very sorry you're dealing with this. I've lost count how many times I've had full-blown panic attacks while at work. They're horrible. I don't make a point of having enemies... but if I did, I wouldn't wish a panic attack on any one of them.

   An employer can terminate you if your health proves to be something that interferes with your work. For the VP to make the note she did, I would HOPE she also documented how she believed your job was impacted. If she can't show any just cause - you may have a case for discrimination.

3. KatMay 15,2023 at 7:30PM UTC

   It's possible they wanted to bring back the person you replaced and used your comments to help justify that. If you live in an "at will" employment state (like most of the US) you can be fired at any time without cause. There might not be anything legally that can be done to get your job back. Best thing to do is to learn from your mistake. I've had panic attacks (not due to work) and they're not fun. But I don't share that info with my boss either. Never discuss-even jokingly- your mental (or physical) health issues at work unless it's absolutely necessary. You don't want to give the impression that you can't handle your job, like you did here. An employer doesn't want to worry that you'll wind up on sick leave for months or that you'll quit due to job stress. I'm not taking the employer's side, just trying to provide perspective. In the future when communicating with your bosses, remember to maintain boundaries. They're not your friends, so your relationship has to be more formal and less familiar. Instead of saying "I almost had a panic attack during an audit", say something like "that was really stressful but I won't worry as much next time because I know what to expect". The first response is more personal, and leaves your boss open to questioning your mental health and ability to do the job. The second response acknowledges the difficulty of the job but shows you can still do it. The situation you're in is frustrating. Your boss could have been more forthcoming with you about their concerns so that you would have time to explain/recover from what you said. I think finding a new job with a boss that knows how to communicate better is the best way to move forward from this (hopefully brief) set back.

4. rgstaffing@bellsouth.netMay 18,2023 at 12:48PM UTC

   I agree with this. Not sure why you felt the need to say that you had a panic attack during an audit. Companies want people who are able to handle stressful situations...it was surprising to me when I read that. A unfortunate but good learning experience to carefully moniter what you write.

5. AnonymousMay 16,2023 at 12:52PM UTC

   I've been watching a number of videos from employment attorneys. My understanding is that even though it is an at will state, you can't be fired if the violate a federal law. I believe panic attacks fall under a federal law for accommodation. I am not a lawyer, but I would definitely reach out to one to discuss this. Especially since it has been mentioned. I suffer from panic attacks, etc. Paige Sparks and Attorney Ryan. It blows my mind at some of the cases.

6. KatMay 16,2023 at 3:47PM UTC

   I am not a lawyer, so check with someone who is for more info. Panic attacks may be covered in the ADA (Americans with Disabilities Act) you'd have to check on that. But you have to declare the disability and request accomodation for it first. If work knows you have a disability (forms to HR, doctor's note, accommodations needed) and fires you because of it w/o accommodating it, you might have a wrongful termination case. But I don't think OP had mentioned her anxiety/panic disorder to anyone at work nor requested accommodations for it. So she wouldn't be covered by Federal protections if she hadn't declared herself in need of them. While it's shady to use poorly chosen words against the OP to justify firing them, I'm not sure there would be much to use in a case. OP said she'd talked to 2 lawyers already and they weren't interested in filing a claim, so I am not sure what else she can do. Yes being fired like that sucks. It's possible they were looking for a way to bring the former person back and used a flimsy reason to fire OP. But why go back to a company that treats you like this? Putting energy into finding a new job seems like a better use of their time.

7. AnonymousMay 16,2023 at 8:26PM UTC

   Merely mentioning being anxious doesn't give OP cover for an ADA claim. Everyone gets anxious in new situations or situations where we could be judged. That's not the same as a debilitating disorder, and even then the accommodation has to be reasonable.

   They probably merely wanted to take back the prior employee and it has nothing to do with OP at all.

8. AnonymousMay 16,2023 at 1:06PM UTC

   I don’t know much about this, but am curios to see if this is something you can file with EEOC?

9. AnonymousMay 16,2023 at 4:23PM UTC

   I'm curious to hear the attorneys were not interested in filing a claim. Did you make it known that you actually had been diagnosed with a panic disorder and request accommodations? Or did they see it as more of a flip comment not understanding you had an actual disorder? But again, given that attorneys passed on this, there is either more to this situation, or there's nothing to it.

10. AnonymousMay 16,2023 at 10:27PM UTC

    It just seems wrong that they would consider letting former employee return after she took her leave and then left them high and dry.

    It also bothers me that they did this to someone that picked up and relocated for them on my own dime.

    I did not disclose the disorder nor did I request accommodations which is why the attorneys are not interested in it.

    And the way it was done behind my back and in such an underhanded way. I mean they both replied to the Slack message saying that the same thing happens to them so I don't know why it would be a concern that one person had the panic attack issue but not a concern that the other 2 did as well.

    There's not more to it, that is exactly how it happened. But I do see my mistake in the whole thing.

11. AnonymousMay 16,2023 at 8:23PM UTC

    If you're at-will, they can terminate you for any legal reason, including your predecessor saying she'll come back or your confession that you were anxious.

    I don't see any grounds for contesting this unless they broke a contract.

12. AnonymousMay 18,2023 at 12:36PM UTC

    Disagree. This is discrimination (with the facts presented). An employment attorney may be able to pursue for her to recoup some $$ for this termination.

13. AnonymousMay 18,2023 at 12:52PM UTC

    Not unless the company actually KNOWS she has real panic attacks and is diagnosed with them. They would simply believe it was a turn of phrase and she was admitting feeling over her head.

14. Paula BrantnerMay 18,2023 at 1:37PM UTC

    That is what they would *claim* but courts have held that employees don't have to use magic words to describe their disability. Even if she didn't have a diagnosed mental health condition, this could be a "regarded as" claim.

    The ADA also protects a person who is regarded (or treated) by an employer as if he or she has a substantially limiting impairment, even if he or she has no impairment or has only a minor impairment, particularly if the employer acts based on myths, fears, or stereotypes about a person's medical condition.

    If she was terminated because the employer feared her panic attacks would limit her ability to do a competent audit, that could be a "regarded as" claim. Perhaps without more, not the strongest one. But it doesn't mean that the company can just rely on myths (that her anxiety is such that she can't perform her job duties) either.

15. AnonymousMay 18,2023 at 7:21PM UTC

    Unfortunately people bandy about those kinds of words all the time, without implying or even insinuating, that they have an actual condition.
    It would be like saying I almost had a heart attack over that. Nobody believes you were just about to have a heart attack or that you even have a heart condition. In my opinion, someone saying that they almost had a panic attack over something - unless I knew they had problems with panic attacks, I would think that they were ill-prepared or maybe not the kind of person for a role that would put them in that kind of a spotlight situation.

16. Paula BrantnerMay 19,2023 at 6:48PM UTC

    Part of the reason why is that there is so much stigma against people with mental health disabilities. If someone gets terminated because they think you're not even implying or insinuating that you have an actual condition, why would anyone think that it was safe to actually disclose they have a mental health condition? (Even here, people are advising that the OP should have said "just joking," even if they weren't, which obviously means that no one should actually tell the truth.)

    Whether or not someone actually has a panic disorder, an employee using those words is an invitation to better support that employee going through the situation, rather than using the words (that the other person in the conversation indicated they understood) against them to initiate termination.

    Particularly doing something for the first time in a new job, it's understandable that an employee would have a stronger reaction to going through the experience than they would have once they have more experience with this company. Responding with what they need to go through it more calmly the next time is a much better response than "thanks for sharing how you felt, we're going to fire you now."

17. Lisa MarieMay 19,2023 at 2:59AM UTC

    What's the point *wasting time* trying to fight employeea at a crappy company? Instead of simply moving on and finding another job.

    People like beating *dead horses* waaaay too much.

    Meeting with employment attorneys and filing and following up with EEOC instead of looking for a job, applying and following up is a better us of the OP's time.

18. AnonymousMay 18,2023 at 12:07PM UTC

    Definitely wrongful termination. You have a serious case. Contact EEOC.

19. Beccakate5May 18,2023 at 12:28PM UTC

    take that screenshot and sue the heck out of them

20. AnonymousMay 18,2023 at 12:35PM UTC

    Find an employment attorney and seek info from your state unemployment office.

    Very sorry this happened to you.

21. Celline MitchellMay 18,2023 at 12:39PM UTC

    Thank you for sharing your story. I’m sorry you’re going through this and wow, it’s interesting that an attorney wouldn’t look into this more closely. It’s giving wrongful termination, especially if you’re diagnosed with a panic disorder.

    If they knew about your medical condition beforehand, it’s definitely worth talking with an employment attorney. Otherwise they just showed you what type of ppl you’re working with in which case you’re better off without them and the toxic environment. Wish you the best❤️

22. Elisa von Joeden-ForgeyMay 18,2023 at 12:42PM UTC

    You did not do anything wrong and were betrayed by co-workers. It’s a HORRIBLE situation and I am so sorry.

    Unfortunately labor protections are very weak in the USA. Lawsuits cannot ensure the protection of what rights we do have because they are so expensive. Labor lawyers only take cases they are pretty sure they can win, and I’ve been told that those case are rare.

    I see some people here telling you that you should not have said what you said about panic attacks. I disagree. While it is important not to be too trusting of people right off the bat, this company sounds like a toxic work environment with catty, back-stabbing people and — if possible — you should celebrate that you got out after only 6 months.

    Best of luck in your job search! Better things are ahead. Try not to bring the toxicity with you by feeling like *you* did something wrong. That woman wanted your job and was not going to stop until she got it. Had nothing to do with you and, luckily, you don’t have to deal with her anymore or ever again. On to better things!

23. Lorraine HerreraMay 19,2023 at 7:03PM UTC

    Exactly, thanks for being kind with OP. We cannot promote a culture of is a mistake if you talk about a “weakness” at work. There are some disabilities and conditions that need accommodation and is our right to perform our work with those accommodations, that would be impossible if we do not disclose those. Of course we have to be careful about how we do it and be sure we are doing it in a way that is considered protected action, but pure silence and holding it is not the answer, that is toxic.

24. Heather BinghamMay 18,2023 at 12:55PM UTC

    I'm sorry to say that some audit firms, who deal daily with black and white and are highly structured organisations, are not the best employers when it comes to any real variation in their staff. I do not agree with other people who say you shouldn't mention your panic disorder, however. I have bipolar I and spent many years not mentioning anything about what I had or what I was going through, even though I was still experiencing symptoms on a daily, hourly basis. It was crushingly stressful, and isolating, to bear that pressure. Stress and isolation are the very last things you need when you have any mental health disorder, so I say find a firm where you feel safe to mention it, just when you need to. I mention my diagnosis only very seldom - probably only 4-5 times a year - but to not be able to mention it at all would be the wrong thing entirely for my wellbeing.

    As for the lawyers, if they say it isn't worth fighting, then take their advice with gladness and move on. Lawyers are often happy to pull people into processes that last months and years, where the litigant is dragged back, over and over, to a time when they were very unhappy. By telling you that you have no case, they have saved you a very long period of regret and uncertainty. I doubt you need that in your life, so move on with a glad heart and find your longer-term home, somewhere where you'll know you're supported, however stressful things get.

25. Lorraine HerreraMay 18,2023 at 1:04PM UTC

    Call your EEOC office and file a complaint, I hope they gave you those reasons written.

26. GirlBossanova934974May 18,2023 at 1:05PM UTC

    Having won a 6 figure settlement against a former employer around a year ago due to age discrimination, I have doubts that you will be able to get much in employment litigation. The fact that several employment lawyers have passed on the claim, reinforces that belief. Your main claim here might be you were discriminated against due to a disability. However, the employer was not aware of any disability at the time of hiring or termination. As for the employer, that's quite an outfit. I would be grateful I am out of there. First, an employee takes leave. Then she comes back. Then she resigns. Then she changes her mind again and wants back. I would not be interested in such an employee. Maybe this same employee resigns a month from now? Wouldn't be surprised!

27. Lorraine HerreraMay 19,2023 at 7:05PM UTC

    The employee has no obligation to disclose disabilities at the time of hiring or at any part of the employment. They can disclose them whenever they feel they need assistance. If this person was fired after disclosing a disability, is illegal. Lets stop victim blaming, the law is public for all of us to read.

28. Lorraine HerreraMay 18,2023 at 1:05PM UTC

    Attorneys won’t be interested in the case until the know EEOC has accepted the case. Employee discrimination cases are usually worked on contingency, they won’t spend hours working your case without knowing if it will be accepted. You have to do the first step with the filing, plus in this type of cases they can’t file for you.

29. Paula BrantnerMay 18,2023 at 1:26PM UTC

    Unfortunately, that is not always the case. Typically the EEOC always accepts a charge for filing, unless you were to mention a form of discrimination that they don't handle or isn't illegal under the law. But many attorneys work with moving parties to file their EEOC charge for filing, and in some areas, it's a common practice to have the attorney file the charge on their client's behalf. Some prefer to do so, so that they can shape the charge in the way that is most advantageous to the client.

    Many states also have state agencies, and the state agencies and EEOC work together on what is known as a work sharing agreement. So the attorney may recommend that you file with the state agency rather than the EEOC, particularly if the state agency is known for working faster or doing a more thorough investigation.

    You have either 180 or 300 days to file with the EEOC. I urge you to wait until you've concluded your search for an attorney before filing, in case they want to weigh in. At the very least, most will want to look over your charge for any landmines, and might even do that in a consultation even if they decide not to represent you.

30. Lorraine HerreraMay 18,2023 at 8:59PM UTC

    I’ve filed EEOC cases, if this person has evidence that this was the reason to terminate the employment, they accept the case. There are local EEOC offices in each state and they follow the time required by state, I live in one of those that has a special office and gives 300 days, still the case has to be created in the EEOC office. Since the OP has txt messages and evidence that this condition was mentioned and is fairly recent before the termination, that is a disability discrimination and is a protected class in the federal

    law. As a person with disabilities, I’ve been in that position twice and in both cases had to file before a lawyer would take the case.

31. Paula BrantnerMay 19,2023 at 6:38PM UTC

    I understand and accept the experience that you have had, but my point is that it is not universal. It varies by state and the practices of the state agency, and even by different offices of the EEOC. It also varies by a lawyer's individual preference, whether they want a potential client to file first, or the lawyer wants to be involved in drafting the charge. I just caution against sharing an individual experience as a universally applicable one when it comes to law and agency practice. In a prior job, I had to be familiar with the law in all 50 states, and worked with hundreds if not thousands around the country, so I was in a position to both observe a variety of ways a potential suit was handled in practice, and to advise people accordingly in the most worker-friendly way that wouldn't limit their rights. If someone acts in a particular way, based upon advice their receive online instead of advice received from an attorney from their state looking at their individual situation, it could harm their rights.

32. Lorraine HerreraMay 19,2023 at 6:59PM UTC

    And that is why they have to call their local office. I never said the rules were exactly the same in every state, but the protocol and the steps are, they are published in the EEOC website. The statue of limitation keeps running until the person files the EEOC case, is dangerous to encourage a person to find a lawyer first because that takes time and in most states that statue of limitation is only 160 days and the person can only report incidents in that timeframe. The only cause where a lawyer first is useful is when is an equal pay case, because in that case a lawyer can measure if is worth it to go through the EEOC or file a lawsuit directly, depending on how much evidence they have and how big is the violation, the other causes are not allowed to be handled in court before the EEOC process and the person is losing time.

33. AnonymousMay 18,2023 at 1:13PM UTC

    Unfortunately you were a victim of discrimination and an easy target for someone's ulterior motive. I wish I could be encouraging in seeking legal action, but it doesn't have much more to go on. I would agree with another comment about filling a complaint with the government and they will investigate.

34. Dianna DeeleyMay 18,2023 at 1:17PM UTC

    There's a reason to always add "*Just joking!*" to jokes in Slack or any other text-based chat; it's not always obvious from context that it's a joke. I don't think you have a case, but I agree that the situation rots.

35. AnonymousMay 18,2023 at 1:22PM UTC

    Always add lol after saying things like that. Or just don't say something like that in the future.

    It sucks they did that to you, especially with a screencap and then tried to make nice.

    If I had to guess, old employee wanted back in and they were trying to find any reason to bring her back and you handed them a little something. Just enough of something.

36. Terri HallMay 18,2023 at 1:26PM UTC

    So sorry that happened to you. I'm not surprised though as these things seem to be a regular occurrence. Seems like you really can't trust a supervisor/lead/manager. I think you should keep looking for legal council that would take your case.

37. AnonymousMay 18,2023 at 1:35PM UTC

    Posting any weakness, even as an expression, on a chat is a major "no-no."

    You made a mistake and are now paying the price. Learn from it and move on, as well always remember your boss is not your friend, so never confide in them, especially in a public forum.

38. Lorraine HerreraMay 19,2023 at 7:08PM UTC

    How is that a mistake? If the employee has a disability that needs accommodation, is it still a mistake to disclose it? Because to my knowledge is the employers responsibility and legal obligation to not discriminate.

39. rgstaffing@bellsouth.netMay 21,2023 at 7:01PM UTC

    i totally agree with this. I would have hoped that common sense would have prevailed but since it did not, then ring it up as a hard learned lesson.

40. Cindy AllenMay 18,2023 at 1:38PM UTC

    I am sorry you are going through this. I also don’t think there is a legal claim here. If you do file, you’d be fighting for months and may end up with attorney fees and just a little bit more. Meanwhile your reputation will take a hit (justified or not) and it may impact your ability to find a position in the future. One take away from this situation should be that your boss is not your friend. As you have learned, things can be taken out of context. Save those comments for friends or peers, and even then make sure it is in a non work setting. Time to move on and chalk this up to a learning experience.

41. Paula BrantnerMay 18,2023 at 1:51PM UTC

    First, file for unemployment. If they contest it, they sometimes will say something that affirms a discriminatory reason.

    Second, you may want to speak to a couple more attorneys in your area, and you'll want to make sure they typically represent workers in employment cases (instead of primarily practicing other areas and dabbling in employment law.) NELA.org and WorkplaceFairness.org both have attorney directories that have the kind of attorneys you want.

    If none of the attorneys will take your case, make sure you file with the EEOC or your state agency by the deadline. (In most cases that is 300 days, but in some states it is 180 days.) (Again, WorkplaceFairness.org will have that information.) I recommend waiting until closer to the deadline: if an attorney says they will only consider it once you have filed with the agency, then do that, but otherwise, sometimes attorneys want to help you shape the charge and would prefer that you wait (as long as you don't miss the deadline, of course.)

    Attorneys who work on contingency take only a small amount of cases that they learn about, and even though you 100% may have been terminated on the basis of your disability, whether the damages are not high enough or there's not enough evidence, they still may pass. However, the EEOC/state agency investigation may be able to find enough to help you negotiate a settlement, or maybe an attorney will agree to help you write a demand letter to negotiate payment for your relocation costs or a little bit to cover your wage losses. Don't give up just yet on pursuing legal action.

    In terms of talking about why you were terminated, I would just say that the former occupant of the job returned from leave, and with your strong letter of recommendation, I think you'll be fine when it comes to finding something new.

42. AnonymousMay 18,2023 at 2:56PM UTC

    what a crummy, messed up situation..with a little nepotism thrown in. Lessons learned: Don't express how "stressful" something is- even though your comments were genuine (and you performed well), some employers will view this negatively. It doesn't matter that they sent you a "warm" reply in return- secretly, you were being labeled as an employee. What did they cite as their reason for terminating you? If it was not for cause, then they need to supply you with a Service Letter, which basically states that you were not terminated for cause but rather, it was simply a business decision/downsizing or whatever. If you WERE cited for cause, I would be curious what that cause is? What is your reference going to look like from the HR department of this company? Agree with others--perhaps get another legal opinion. You need an attorney who works on a percentage basis so you don't pay thousands of dollars trying to get your record wiped clean, etc. I agree with Paula's advice below..please let us know how this works out for you!

43. AnonymousJuly 2,2023 at 6:20AM UTC

    Update: I have reached out to the EEOC - investigation is pending. I have accepted a position that I am overqualified for, but it is with a company that cares about its employees, and they are normal people that don't pretend to be something they are not, and it is so refreshing. It is also a place where I have plenty of room to grow so I will get back to where I was eventually. I have learned a hard lesson though about trusting people - I no longer do. It's a sad way to live, I will never understand why so many people in the business world would rather lie, cheat, and steal from their fellow coworkers and employees than be true to their words. It is so cowardly to act this way. In this case, the lady wanted to bring her friend back in my place, so she had to make something up to get me out and open the position back up for her friend who had abandoned the company and her responsibilities only 6 months prior. The seasoned former VP of the company (It was bought out and she was now only a department head) put the idea of terminating me on to a brand new and inexperienced plant manager who trusted her opinion. And now there is a possibility that it could cost the company money because the plant manager obviously didn't know the rules for terminating an employee. The entire situation was done in such a tacky manner that I feel embarrassed for all of them. I would be very fearful of the karma that is undoubtedly coming their way.

44. Lisa MarieMay 18,2023 at 3:12PM UTC

    It's unfortunate what you're going through, but it's time to move on.

    Take some time if you must, and cry, then forget about that job, and focus on finding your next best opportunity. That is where you need to place all your energy. You'll find that you heal much faster and more completely when you let go off what is now *behind you*

    Then as you move forward in the future, be mindful to refrain from divulging certain information about your health. Although some information is necessary - to the extent that you won't be viewed as "lying by not disclosing" - choose wisely, what you share with even a trash can.

    Additionally, refrain from using certain colloquial terms/phrases - even with people who you may think/feel are your friends.

    Unless you have literally been through deaths or births with someone on a truly intimate level - don't make yourself become too comfortable with anyone at work.

45. AmandaMay 18,2023 at 3:39PM UTC

    I once told a former manager in passing that I was an introvert. She later presented my offhand comment as a reason for "concern" during a coaching meeting and told me she didn't want to see any evidence of my introversion at work. I called HR after the meeting and resigned. She was easily the worst manager that I ever had and her leadership skills were atrocious. I am now in a better position, working under the best leader I have worked with to date, and making 10k more. You will be just fine! It sounds like the VP was fishing for a reason to let you go so she could reinstate the former employee. This is not the type of company that you want to work for and they did you a favor. Good riddance!

46. Maria Paula CalvoMay 18,2023 at 4:25PM UTC

    i understand what you are going through but strongly believe that continuing to dive deeper in the company from which you were terminated will not bring any value or benefit to you.

    Just change your sight and look forward to your next challenge. As far as I see, the labor market is very active right now and your field (audit) is in demand, so I am certain you will find excellent opportunitites to continue your professional path.

    One thing you must capitalize as a lesson learned from this experience is to be more careful with the personal comments you make in your working environment, especially when you are quite new to the team and have not yet got to the point where you really know who you are working with, what their personal objectives are and who and how is power managed.

    Wish you good luck!

47. Debbie ShapiroMay 18,2023 at 4:42PM UTC

    Just a general comment to be careful of over sharing (with either bosses or colleagues). Sadly, attempts at humor or self-deprecation just give people fodder. I hope this leads you to a much better position with a company that will appreciate you. Some bosses are really awful.

48. Cher GoodchildMay 18,2023 at 4:46PM UTC

    When I was in the military we worked on a joint venture hospital project that meant we had no days off and the days were long. I said to someone "I went home and passed out!"

    The Tech Sgt. (who was in that conversation and totally agreed to the rough days) wrote up a disciplinary action for being drunk. She knew EXACTLY what I meant when I said I passed out and it was super dishonest.

    Sometimes people have an agenda that has nothing to do with you. It's likely selfish or some insecurity. It's almost pointless to fight it. Keep pushing forward and find that right fit. Then you can look back on this and give zero cares. You can't fix a**holes.

49. AnonymousMay 19,2023 at 10:24PM UTC

    Wow, Cher! That's insane! Sorry that happened to you!

50. Marie CronkMay 18,2023 at 5:37PM UTC

    Make an appointment with the EEOC. Please read the disability act and panic attacks fall in that category. Also it sounds like the person who left wanted to come back so the VP made an excuse to fire you. Make sure you have all of your records when you go talk to the EEOC.

51. Bridget HarringtonMay 18,2023 at 6:30PM UTC

    While I agree with many of the posters here that this environment is one that you need to get out of ASAP (because if not this, they will find another reason to get rid of you...this sounds political) - FILE A CLAIM WITH THE EEOC. Even in no-fault states, this is wrong. Even if you had legitimate panic attacks, they can't admit that it was the reason they let you go. To give you an example, I once worked with an epileptic. She had her epilepsy under control for the most part, but she would occasionally have a seizure unexpectedly. One time, she had one in a meeting when the corporate higher-ups were visiting. She was fired and one of the managers admitted in an email that it was because her seizure "made them look bad to corporate." WELL. Let's just say that she got the EEOC involved and the company settled out of court with her for several hundred thousand dollars.

    DO. NOT. ALLOW. A. COMPANY. TO. DO. THIS. TO. YOU.

52. AnonymousMay 18,2023 at 6:51PM UTC

    You can fill out your own application with the EEOC. You only have 90 days I believe to file. Get it done even with just your explanation.

53. BpansaMay 18,2023 at 7:29PM UTC

    I got fired for the same reason but I was out of work so much they had to do it.

54. AnonymousMay 18,2023 at 7:59PM UTC

    Much like in court, everything you say on Slack can and will be used against you. If you're an at-will state, your rights likely haven't been violated. It seems like the VP that screenshot the message was suggested there were already concerns about how you in the position so hearing that it was stressful for you raised a red flag. I'm not saying that's right so much as not directly firing you for your panic disorder unless you have that documented as needing accommodations with HR. You didn't actually have a panic attack so it wasn't a disability issue. Instead, you implied that you couldn't take the pressure. That's why they don't want to file a claim.

55. Whitney N. WestMay 19,2023 at 12:32AM UTC

    She doesn’t need to have a panic attack to be discriminated against on the basis of the condition. However, most claims will require prior disclosure to the employee to be able to successfully claim eeoc or ada violations. So if she had disclosed her disorder, this would be a claim. Since no lawyers are interested my guess is that she didn’t.

    OP: be happy you no longer work there. Disclosure is always your choice but that also sometimes comes with discretion as people can be ableist very commonly. You can also call EEOC and get their advice. Their investigations are separate from a filed lawsuit

56. Lorraine HerreraMay 19,2023 at 7:15PM UTC

    Equal Employment Opportunity laws are the same in At will state or not. People need to stop telling people that things are different in at will states. I live in an at will state and to my surprise is one of those states that also has a discrimination agency to the state level and gives extra time to file an EEOC complaint. These laws are under the human rights law to a federal level and no At Will state can erase those rights.

57. AnonymousMay 20,2023 at 6:27PM UTC

    Yes, but you can't discriminate on the basis of a panic disorder if the panic disorder is not documented. If she didn't have a panic attack, she is not being discriminated against because of it. If she's being fired in an at will state because she made an off hand comment that made people doubt her ability to do the job and has no documented disability then you will be hard pressed to win an EEOC complaint. That's why the lawyers are telling her that.

58. Paula BrantnerMay 21,2023 at 6:29PM UTC

    >>>although I am diagnosed with panic disorder

    OP does have a documented history of having a panic disorder: they said so themselves.

    The ADA also protects a person who is regarded (or treated) by an employer as if he or she has a substantially limiting impairment, even if he or she has no impairment or has only a minor impairment, particularly if the employer acts based on myths, fears, or stereotypes about a person's medical condition.

    You do have to disclose your disorder in order to request an accommodation: an employer cannot be expected to accommodate that which they do not know existed. However, you can bring a "regarded as" claim even if the disorder hasn't been disclosed. Here, it seems pretty obvious that the employer treated OP as if they weren't capable of doing the job based upon the panic attack comment, regarding OP as disabled because they fear that their panic attacks limit what they can do.

    It would be the same as someone who says when sugary snacks are offered: "oh no, I can't eat that, it would put me into a diabetic coma." People make such remarks whether or not they've been diagnosed with diabetes, or disclosed that information to their employer. If they were fired based upon a belief that they couldn't do the job because they were diabetic, either it's based upon their actual disability (if they're diabetic and the employer knows it) or a "regarded as" claim (if they're not diabetic or if they are but haven't disclosed it at work.)

59. IntentionGirl299847May 18,2023 at 8:07PM UTC

    NEVER EVER give employers a reason to get rid of you. That said, if you have a mental health diagnosis of panic attacks and they hired you knowing this, you are part of a protected class. Firing you for that reason is grounds for discrimination suit. Going forward, be open and let employers know you have taken steps to manage your panic attacks and will get the job done. Panic attacks come under anxiety and are a disability, just so you know!

60. AnonymousMay 19,2023 at 2:43AM UTC

    They wanted to get the other employee in and they had an easy out for you as you had given them too much information. Never disclose your mental health information to your employers, they are not your friends.

61. AnonymousMay 19,2023 at 10:18PM UTC

    I'm a big advocate of not disclosing ANYTHING personal at work. I'm getting married in the fall and none of my coworkers (even the ones I like) know. I keep everything strictly business - I don't socialize with coworkers, don't friend them on social media, etc. I'm not changing my name and I suppose my manager could find out I got married after the fact. But the point is, by that time, no one can say. "Well she wasn't focused (or whatever) because she was too busy planning her wedding)."

    The less they know about you and your life out of work, the better. Work is not your friend...and HR isn't, either.

62. Julie EMay 19,2023 at 6:43PM UTC

    I would not sue and here’s why. 1. You don’t have an established history of having panic disorder. That’s something their lawyers would pick apart. 2. Your job was to handle audits and your Slack message basically questioned if you were capable. I would be really concerned if I was audited by the IRS and got a message like that after it was over, regardless of the results. I would question if the next time around she might actually have one. Their replies were polite, probably because they didn’t know what to say to that. If audits cause so much anxiety you may want to consider another line of work. We want someone in that role to be cool and collected.

63. rgstaffing@bellsouth.netMay 21,2023 at 6:57PM UTC

    Why in the world she felt like it was necessary to reveal that is beyond me. The last thing anyone needs is a panic stricken auditor.

64. AnonymousJuly 2,2023 at 5:34AM UTC

    She wasn't the auditor; she was the one being audited.

65. rgstaffing@bellsouth.netMay 22,2023 at 6:10PM UTC

    i totally agree with this. Maybe another line of work where she is more suited to. That message conjurs up all kinds of visuals....

66. AnonymousMay 21,2023 at 10:46PM UTC

    What were the other reasons? I don’t see how that could have gotten you let go. Were there any warnings or write ups?