Hey all, hoping someone can help me figure this out, and whether or not I may have a case here (still, it's been 2 years). Long post incoming….. (I am in Vermont, USA)
So, here's some needed background to the story so I can set up the rest of it. I'm a 36 (was 34 at the time) y/o trans woman. I used to work at a Resort Hotel doing Security, in Vermont. My boss (Call him J for short) was pretty awesome, but had expressed some heavy right wing views, and openly proclaimed to be a heavy trump supporter and was also a marine. However, despite this he appeared open minded and trustworthy. His second in command (Call him K for short) is a retired police officer/detective who has expressed multiple times that he does not like me and will not trust me because he views me as untrustworthy for reasons I never heard. During shift change, if I had a partner he wouldn't acknowledge my presence or start the information exchange until my partner arrived (if I was first), if my partner arrived first, I would walk in to him already briefing them or finishing up, and he would not even acknowledge that I had arrived. The rest of the crew was awesome and does not play in to this at all.
Ok, that's set. Here's what happened….
In November 2020 I had major life saving surgery, it kept me out of work until January 2021. I returned a bit earlier than I medically should have (and now physically suffer a because of it), and did everything I could within my ability to be of use to the team. Another member was going our for his own medically necessary surgery and e couldn't be down 2 people like that. So I came back. I mostly stayed in the office watching cameras, documenting lost and found, and other duties like that. I took my job seriously and did everything I could to be of use to them. My boss called me to complain once about some things and stated” we are doing everything we can to make reasonable accommodations for you, but this (I had to step away from the office for about an hour to deal with medically necessary stretching and cleaning) is getting to be too much”. This was over phone call, so…yeah. Also to note, I am extremely physically weak during this whole period, my Dr.'s note of a 5lb limit is actually HIGHER than I am able to pick up at this point. Walking 20 yards exhausted me completely.
Fast forward a few weeks, and my doctor feels I am ready to be let off light duty and return to full physical abilities. I am not so sure, and I let him know this. This was the second half of February/early March 2021. I'm still hobbled quite a bit in my walking, and still can barely lift over 5lbs without getting tired and feeling strained. Still office bound at work, mostly focusing on re-writing our training manual and logging lost and found.
About 1 week after I am let off of light duty, a set of wireless headphones supposedly comes through but I do not see them. A housekeeping manager mentioned them during the shift change, but I forget (severe ADHD coupled with the exhaustion of healing aided in this forgetting) so I do not log that I had not seen them. IMMEDIATELY the next morning when K arrives, he sends me a message asking about them, via text, and I am a bit confused, but assure him I will locate them when I get in, as that is the majority of my duties. And I do find them. Well, my coworker (Call him A) finds them after assisting me to search the office behind desks that I can't move. He found them wedged between the wall and the managers desk. I am feeling very strange about this whole thing, as it feels very off. I speak with some non-security coworkers whom I know have my back and have witnessed K saying negative things regarding to a few other employees.
The next day I am pulled in to a meeting with the HR director and told I am being sent home pending an investigation in to what happened. I solidly explain I did not take them, and that I am physically incapable of moving a desk that size and weight. They do not listen. I recorded the whole thing. (This was, if I remember correctly a Thursday, Friday I do not work). Sunday rolls around and I am called back in and let go. I am fully anticipating this, bring all of my uniforms and do not sign any paperwork acknowledging anything. I just leave. Very hurt, and angry. I had not done anything wrong and was railroaded by K, whom I believe set it up to get me fired, but have no proof of.
Immediately I file unemployment and submit all of the documentation and do it correctly (or so I thought). I am granted it by the state, and receive it for 1 month before starting my new job. And they fight it. They had not responded to the initial fact finding by the state, so I was granted it automatically, but now they decide to fight. It takes a few months and then we are virtually seen by a Judge Advocate and, to no surprise, I win. Sadly, the recording of the interrogations was too big for them to receive (every time I tried to send it, including the first time during fact finding for the initial decisions, so it's not used as evidence) I am ruled in favor of, which was relieving but not surprising. And then they appeal AGAIN. A few months later, we meet virtually with the counsel of employment judges, no new evidence is allowed only testimony written before and then given during the hearing. The HR director had made a major error/lie as to why the previous JA had ruled in my favor and in regards to some of the evidence I had presented. I point this out to them, and then simply state :I hold to all of my previous testimony and have nothing else to add).
Again, I am ruled in favor of, and have not heard anything (The next level of appeal would be at the VT supreme court…lol).
But I really feel I was wrongfully terminated and discriminated against, and am wondering if there is still a case here. I am hurt, even still, and have a harder time trusting people around me as a result (especially bosses). It feels like this has hindered my ability to fully commit to a workplace fully and I am always looking for reasons to leave or signs that I am not wanted.
Thoughts and advice are welcome… please?