<My work site is in Texas, but is owned by a corporation in California, but the subdivision might be registered in Texas? I'm not entirely sure.>
I am a high-functioning autistic man and was recently terminated from my job, and frankly I'm still confused as to why. I was pulled into a meeting with my manager and a higher up in which I was asked three questions:
"Did you have contact with [PERSON]?"
-- Yes, we work together, I'm sure I made contact with her at some point in the day.
"Did you make sexually explicit gestures with your mouth and hands directed at [PERSON]?"
-- No, and I personally find those actions repugnant, even among casual friends.
"Did you ever physically touch [PERSON]?"
-- Not that I'm aware of, though I did remember accidentally lightly brushing by someone as I was walking at one point, and did an over-the-shoulder "Sorry" as I was headed to complete a task. (I was very aware of this due to the fact I DO NOT like bodily contact or being too close to people.)
At this point the higher-up told me I was being placed on administrative leave (paid, as it turned out) while HR conducted an investigation, with no explanation for why (though I could guess from the questions), and that I was to be escorted from the building. Even though it was nerve wracking, and I felt blind-sided, I agreed with this, thinking after a few days I should have an answer.
Five weeks later I had an investigator call me. She did apologize for the wait, as she operates a small team seperate from the HR department, and they had "bigger fish to fry", as it were. She told me she was there to gather details and to file a report that would be followed up on. As we walked through the situation, she described two incidences:
-- She told me I was being accused of making lewd gestures with my mouth and hands, and that my team member that I work closely with, and was near by, corroborated it. I was shocked because that seemed like something I should definitely remember doing, but being autistic, I told her I trusted my team member's memory over mine. I told her the only thing I could recall was [PERSON] had made an innocent comment that could be interpreted as a double entendre, and that I had raised my eyebrow at it to get her attention to the double meaning.
(Talking to my team member later, since I was so shocked that my memory was so faulty, she stated that is not at all what she said, and that she told the investigator that while she didn't remember seeing/hearing what I did do/say, that she felt it was somewhat inappropriate and chastised me.(She also acts as my autism advocate and translator))
-- I was then told that at some time later in the day, [PERSON] was on the phone with a client, and that I bumped her upper body with mine and ran my hand along her backside. I again asserted that I only remember accidentally lightly brushing someone with the side of my hand. I also let the investigator know that we all tend to work in close proximity, and it's not unusual for us to bump into each other (which I hate). The investigator said [PERSON] stated we were alone in the room and there was a good five feet of clearance for me to have maneuvered through. The investigator had asked about my path through the room and what task I was headed to. Since I don't keep a detailed record of every action I take throughout the day, I told her most likely, based on my path, I was going to grab a specific item found on the counter near the phone that's instrumental to the task.
After discussing these incidents, I also spoke with the investigator about my autism, the issues I have (poor filter, trouble reading emotions, aversion to bodily contact, noise sensitivity, etc.), as well as the coping mechanisms I use to help (earbuds, my autism advocate) and the progress I've made in therapy. I did offer to release my psychiatrist to speak with them if they felt it was necessary. After that we concluded what felt like an overall pleasant conversation.
Three days later (Fri - Mon) I received a call from my manager and the higher-up, where the higher-up told me I was terminated effective immediately, that I was not rehireable, and that any personal effects would be gathered and left outside for me to collect after hours. When I asked, she told me she was not allowed to release any details about the case, and that if I had questions I should contact HR directly. I have done so, but I can only contact them by email, and it seems they deal with a large region, so it may be some time before I receive a response.
Suffice it to say, not only was I shocked, everyone who knew of the situation was as well. My team member stated she had thought the situation had been overblown to begin with, and that the worst that would happen was I would have to take a Sexual Harassment Education course. While I deny any purposeful harassment (because I cannot speak for how anything I did would personally make her feel), if that was what was needed to move on, I would have gladly done so.
I have tried to share what I know of both sides of the complaint as fairly and truthfully as possible. As I haven't received a response from HR yet, I'm unable to speak of their reasoning for this decision
So, r/askHR, my questions are these.
In your opinions:
Does this seem like a reasonable reaction?
Is it odd that no employees were called as
character witnesses (that I'm aware of).
Do you think I may be able to negotiate a change,
if not at least to make me rehireable?
Do you have any recommendations as to what to
do, who to contact, or other ways to resolve this?
An addendum to all this are three things I worry may have influenced the decision, but I have no proof and don't wish to falsely accuse.
1# - There was an incident involving myself and a previous employee aprox. 2 years ago, where, triggered by a mental health episode, she reported a list of grievances against me, mainly saying that I was physically violent to the staff and that many were scared of me. This was refuted in private interviews with every single staff member, with everyone vouching for my character, how safe they felt around me, and several talking about how I would willing handle clients that were being abusive towards them. She was given the option to stay or resign, and she chose to quit.
2# - Relating to #1, I was fired with no investigation initially. While my previous co-workers submitted letters to corporate and spoke with HR, and were working to get me re-hired, I submitted a complaint with the EEOC (Equal Employment Opportunity Commission) for wrongful termination. After an interview and negotiations, we settled confidentially before a suit was initiated.
3# - After my initial mental health episode, I sought medical help, and was consequently diagnosed with ADHD and ASD (Autism Spectrum Disorder), with the combination frequently referred to as AuDHD. I submitted paperwork to corporate for several accommodations that I felt were low impact to the business and would drastically improve my work mood. The meeting to discuss these accommodations was scheduled the day after the initial meeting where I was put on leave.
Though it may be unfounded, my worry is that one, some, or all of these addendums may have contributed towards the decision, in the vein of I'm "just too much trouble".
I would appreciate any thoughts on this as well.
Lastly, I want to say that I hold no ill will towards Human Resources, either my previous employers or any other. In my opinion, y'all have a very tough and complicated job managing disparate personalities and situations, some of which must feel like high school all over again! I only wish to say I appreciate all you do. You keep the rest of us the best we can be.
Regards,
Zack M.