Re: Wrongfully Terminated

[Anonymous]

Thanks for trying. If I do have to fight my case by myself, at least I have a few things going for me. The passage of the ADA Amendments Act (which makes it much easier to prove a disability) for one. But I guess I’ll cross that bridge whenever I get to it. Now I’m waiting for the judge to rule on the company’s motion to dismiss (I guess it wouldn’t hurt to let people know that the “company” is US Airways because my case is public record). US Airways is arguing that my case is untimely because I filed my EEOC complaint in 2008 and didn’t file my lawsuit until 2010 (because the EEOC didn’t issue me my “right to sue” letter until then). I believe that US Airways motion to dismiss will be denied because the US Supreme Court ruled against FedEx in FedEx v. Hollowecki in 2008 and FedEx presented the exact same arguments that US Airways is now presenting. There have also been numerous 9th Circuit cases whose decisions favor my position (Casavantes v. CA State Univ., Sacramento and Edelman v. Lynchburg College). Also, the 11th Circuit recognized the private right of action for an improper medical inquiry under the ADA in Harrison v. Benchmark Electronics Huntsville, Inc., and the 9th Circuit ruled that conduct resulting from a disability (such as taking medication) is part of the disability and not separate grounds for termination in Gambini v. Total Renal Care, Inc. Juries historically have decided cases based on how they would have wanted to have been treated in a similar situation and US Airways is going to be hard pressed to explain why I wasn’t subjected to 60 months of repeat testing in lieu of termination (like it did with 2 flight attendants who tested positive for marijuana during the same time that I was tested). I was earning $76,000/yr when I was terminated, so I’m asking for back pay plus future pay (including step increases), and if it does go to trial, a jury can grant punitive damages as well. If I had a lawyer representing me, US Airways would most likely want to settle out of court, but since I’m representing myself it will most likely go the distance. It’s frustrating because I can’t even talk with a lawyer in order to be able to explain all of this to them. All they hear from their secretary is “wrongful termination/discrimination lawsuit” and none of the details of my case because I can’t afford the $325/hr initial consultation fee that most want to charge me. Arghhhhhh!

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