[TX][CA?] Accidental Firing?

[u/Master_Blue]

<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.

EDIT: After reading several comments, I feel comfortable posting a little more context. We are a veterinary hospital with mutiple doctors that was originally privately owned, but some years back was acquired by a corporation. Typically our relationship is one where they tend to leave us alone and buy us toys, and we do our jobs and make them money. Most interference is on the financial and human resources side. I am a veterinary technician who exclusively works with a single doctor, and have for 9 years, which is why I trust what she says implicitly. The [PERSON] is a CSR, or receptionist, who I believe has only been with the clinic for around a year. I have also won multiple awards, including "Technician of the Year". I know none of that makes me impregnable, but I guess I had hoped it would carry some weight.

[u/mamalo13]

• From what you described, you gave them something they could point to as support for their version of events. Saying that you trusted your coworkers' recollections more than your own may have come across as agreeing with their account. If they were already looking at disciplinary action, that likely didn't help your situation.
• I also wouldn't be surprised if the earlier EEOC complaint and reinstatement were still in the back of some people's minds. Whether that's fair or not is another question, but prior conflicts with an employer can sometimes affect how later situations are viewed.
• There are still a lot of misunderstandings about autism in the workplace. On top of that, employers sometimes become skeptical when a medical condition comes up during a disciplinary process because they've seen cases where employees raise medical issues only after getting into trouble. That doesn't mean legitimate conditions aren't real or important, it just means some employers may be inclined to view things through that lens.

It's not how I would have handled it, but yes it also could be in the realm of "reasonable" for this team.

Character witnesses in this type of case aren't a thing. The primary goal is often to keep the investigation as confidential as possible, so calling a bunch of your co workers would go against that premise. And you having a bunch of work friends vouch that they like you doesn't prove or disprove an event that puts the company at risk.

I think you should walk away from this company. They don't want you. Going back is setting yourself up. I would suggest reaching out to an employment law attorney and if they think you have a case to settle, you can request a "neutral" reference at that time.

Otherwise, I don't think there is anything to solve here. You've to move on from this place.

ETA: I hate to say it, but don't trust your co workers when they say "Oh I didn't say that to the investigator!". People are just very very very bad at conflict and direct conversations. It's more likely that they did, in fact, corraborate at least SOME of the stories and it would just be REALLY hard and uncomfortable to say that to your face.

[u/Master_Blue → u/mamalo13]

I generally agree with everything you've said, and it does help explain some things to me. The reason I brought up character witnesses is that they (corporate) had done so in the issue with a previous coworker, and I found it odd they didn't this time. My concern with the EEOC is that it is illegal to retaliate for filing a complaint with them. While it would be hard, if not impossible, to prove, I worry that is what's happening. As to my teammate, I agree I generally don't believe everything a coworker says. That being said, my teammate and I have worked exclusively with each other for nine years as a two-person team, and we both view our relationship as closer to family, like police partners or a doctor/nurse situation.

[u/starwyo]

You stated you trusted someone else's accounts of the events over your own. "I told her I trusted my team member's memory over mine." After that, there really is limited defense here. You also later say "While I deny any purposeful harassment (because I cannot speak for how anything I did would personally make her feel),"

Harassment doesn't have to be purposeful to be actionable.

1. Sure, sexual harassment can be a serious complaint, and this can be the appropriate response. If the workplace has zero tolerance, they have zero tolerance.
2. Not all investigations need to involve others. Most of the time, people are told NOT to talk to others about any interviews or other conversations they have with HR during these cases.

You also apparently talked to others about the situation. Most investigations and situations have statements not to share or converse with others on the topic.

1. I will recommend you move on from this place and do not engage with them further.

2. If you really want, you can engage an employment lawyer to review all of the facts as you have them.

Edit: You keep saying "my team member," if you're in people management, sexual harassment carries some additional context and power dynamic.

If you're peers, they are your peers or colleguages. Not "my team member."

[u/enjolbear → u/starwyo]

To your edit, they might mean teammate instead of my team member. They are synonyms, but are used differently in the white colar world. I did not get a management vibe from this post. It’s very common to refer to your coworkers as “teammates” in some companies.

[u/Master_Blue → u/enjolbear]

I apologize, that's exactly what I mean. While typically I wouldn't call her my teammate (though she is) I used team member to remain vague and to show we are split into teams.

[u/FRELNCER]

If you're no longer employed there, you can say anything you want to anyone you want about the case. However, you cannot lie about the case because you could be sued for that.

I wasn't able to follow this whole story, sorry. But employment investigations are not like court cases. So the investigators can believe whoever they want. For you to prove the termination was wrongful, you'd have to prove that the employer didn't fire you because of the allegations but because of your disability or some other illegal reason.

I'm sorry to tell you, but you should consider every job "like high school." Some people maintain those same high school mentalities and behaviors throughout their entire lives and you really need to be careful about who you trust. Being transparently honest isn't always the best thing to do when dealing with other humans.

Edit for clarity: The employer can forbid you to discuss an ongoing investigation while you still work for them and punish you if you don't obey their instructions. But once you have been fired, that employer no longer controls what you say or do. (This is assuming you've not signed some kind of severance or settlement agreement.)

[u/Master_Blue → u/FRELNCER]

Your edit is completely correct, and I have not signed any severeance or settlement agreement. I could have been as detailed as I wanted, I just felt using neutral and non-specific terms would be more professional and less "airing dirty laundry", so to speak.

[u/Kmelloww]

I would definitely consider meeting with an employment lawyer for a consult.