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Unlawful termination over safety issues

moJohoJo

Well-Known Member
Under ADA rules the service animal must be kept under control at all times . As the driver, I feared for everyones safety, including my own while driving with an uncontained, uncontrollable dog & a woman that looked like a meth head who was drunk after 3 days of sleeping . That's exactly what she looked like . This was a SAFETY issue . ( Santa Barbara County ) I have already contacted by email several Attorneys . This is Thanksgiving and i do not expect any response until at least next week .
 
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Pawtism

Well-Known Member
Moderator
They can deactivate you for any non-protected reason (race, religion, disability, whistleblower status, etc.). As you're not claiming one of those, it's not "unlawful" termination. Even if you were working a normal job, you can be terminated for any non-protected reason. My firm could literally fire me for wearing the wrong color tie (and I'm not even an independent contractor). When they tell you that they are terminating you because they don't like that you are *insert some protected class here*, I'll put you in touch with a firm that will sue the pants off 'em, but until then, not much you can do about it.

BTW, a nickels worth of free advice. When you are trying to make the argument that it's a safety issue rather than a service dog one, don't keep focusing on the dog. I can't tell you how many times I've circled back to what the core issue actually is (the wheelchair, the dog, the extra breaks, whatever) when people try to change the subject to something else and they wind up burying themselves with their own testimony. And while I'm not an expert on meth heads, I'm pretty sure they are dangerous when they haven't sleep for 3 days (because they've been up doing meth), not after 3 days of sleeping (that seems to be when they are tame)... just saying, you might want to get your story straight for your consultations. :wink:
 

SuzeCB

Well-Known Member
They can deactivate you for any non-protected reason (race, religion, disability, whistleblower status, etc.). As you're not claiming one of those, it's not "unlawful" termination. Even if you were working a normal job, you can be terminated for any non-protected reason. My firm could literally fire me for wearing the wrong color tie (and I'm not even an independent contractor). When they tell you that they are terminating you because they don't like that you are *insert some protected class here*, I'll put you in touch with a firm that will sue the pants off 'em, but until then, not much you can do about it.

BTW, a nickels worth of free advice. When you are trying to make the argument that it's a safety issue rather than a service dog one, don't keep focusing on the dog. I can't tell you how many times I've circled back to what the core issue actually is (the wheelchair, the dog, the extra breaks, whatever) when people try to change the subject to something else and they wind up burying themselves with their own testimony. And while I'm not an expert on meth heads, I'm pretty sure they are dangerous when they haven't sleep for 3 days (because they've been up doing meth), not after 3 days of sleeping (that seems to be when they are tame)... just saying, you might want to get your story straight for your consultations. :wink:
Exactly why I hired an attorney recently to handle a situation.

I was/am absolutely sure of my position, but was concerned that i would get too scattered if i had to explain it to a judge.

Attorney got me everything I wanted. Well, one thing is still up in the air, but that can be handled, and may actually garner a nice settlement if the other entity keeps being a jerk...

Involves accommodation of my disability.

Anyway, worth every penny.
 

losiglow

Well-Known Member
It's been said before - rejecting any animal that the pax claims is a service animal is an instant deactivation.

What you should do is report the pax for whatever damage or abuse they did. For example, if you believe the animal was not a service animal or if the animal did any damage. If every driver did this, I believe the pax would eventually get banned or reported by Uber/Lyft for false service animal claims. It's technically a misdemeanor criminal offense in 23 states.

And damage from a dog is not exempt simply because it's a service animal.
 
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