NationStates Jolt Archive

Finally I've seen a story worthy to be posted on NSG!

This just came over the local news (Detroit, MI station) about an hour ago:

Bert Osterberg says he was fired from his job at Guardian Automotive in Warren for not singing Christmas carols at the company party. According to Osterberg, he has a medical condition known as avoidance personality disorder that prevents him from speaking or performing in front of groups of people.

Linky (http://www.myfoxdetroit.com/myfox/pages/News/Detail?contentId=1844140&version=3&locale=EN-US&layoutCode=VSTY&pageId=3.1.1) (Watch the video for the whole segment [about 1 or 2 minutes])

He claims the mgr came down and he was fired within the hour, on the pretense that he would "never fit in" with the "family" at Guardian. Some other employee countered that he got enraged, threw his badge, and quit after the bosses demanded that he sing.

From what I've seen of employers, Osterberg is probably telling the truth. Even if he did eventually fly off the handle, I think it'd be only after being provoked.

I think this is yet another example of employers forgetting that their workers are really not supposed to be slaves!

(BTW the segment opens with him putting up his Christmas cards, so apparently he's not anti-Christmas. It appears he just didn't want to do the singing...)

Opinions?

If true, sue for wrongful termination.

You can't fire someone for refusing to sing, WTF?

I would sue that company for all it's worth.

The guy was just shy, for chrissakes. I'm sure he doesn't like all the media attention too well, either.

If true, sue for wrongful termination.

As if there is such a thing.

As if there is such a thing.

Actually, there is such a thing.

Actually, there is such a thing.

Go on then, tell me about it.

I want to know what state he works in, whether or not he falls under a protected class for his state, locality, &c. Also, how his termination falls under said claim in respect of the cause of acion.

Otherwise I think you are just full of shit.

Go on then, tell me about it.

I want to know what state he works in, whether or not he falls under a protected class for his state, locality, &c. Also, how his termination falls under said claim in respect of the cause of acion.

Otherwise I think you are just full of shit.

Well, the first question that must be ask if he has tenures.

Go on then, tell me about it.

I want to know what state he works in, whether or not he falls under a protected class for his state, locality, &c. Also, how his termination falls under said claim in respect of the cause of acion.

Otherwise I think you are just full of shit.

Apparently he lives in Michigan. As for Michigan Labor Laws, not up on them since I do not live in that state. However, I did say that if he feels that he was wrongly terminated, he should sue, be it a wrongful termination lawsuit or just a flat out suing of the company.

Now tell me why you think there is no such thing and why I am full of shit! Be advised, I do not take to insults lightly.

If true, sue for wrongful termination.
I hope he does sue. Even if he didn't instantly think of it, I'm sure lawyers will be practically coming out of the walls letting him know his options (encouraging him to sue), assuming he's giving an accurate portrayal of the story.

Fergi America;12120514']I hope he does sue. Even if he didn't instantly think of it, I'm sure lawyers will be practically coming out of the walls letting him know his options (encouraging him to sue), assuming he's giving an accurate portrayal of the story.

Of course they'll come after him to sue his former employers. Think of the money and publicity they get.

I would have sung. My employers, after hearing me, would have paid me to shut up.

In all seriousness, though, to fire employee for not singing, regardless of whether he had a disorder or not, is screwed up. How disgustingly 19th-century paternalistic.

...doesn't this smack of religious discrimination as well? I know it's protected for federal employees, but what about private companies? anyone got a line on that?

...doesn't this smack of religious discrimination as well? I know it's protected for federal employees, but what about private companies? anyone got a line on that?

IIRC, religious discrimination is illegal for private companies, too (although companies don't have to shy away from religious displays, etc.). But the news clip showing him quite willingly displaying some Christmas cards at home would pretty much quash that line of assault.

However, I believe he can get 'em for a failure to provide reasonable accomodation under the Americans with Disabilities Act. The story did make a point of saying he could prove he has the condition he claims. I'm not a lawyer, but it seems like that'd be the most likely way to win.