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By Anonymous / Wednesday 25 March 2015 12:23 / United States - Woodbridge
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How can they possibly be dumb enough to mistake that for a tattoo? Even if they had a rule, your boss had no right to fire you for a surgical scar. If you have to, you can sue for wrongful termination.

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Too many negative votes, comment buried. Show the comment

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No, I wouldn't think ADA would protect against this, but it's definitely illegal, like they said I'd contact HR and contact an attorney specializing in that sort of thing to definitively figure out what laws were violated

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OP lives in Virginia. Legally, an employer here can fire you for anything. My grandmother's favorite example is, "They can fire you if they don't like the color of your socks." They don't need a reason.

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I think what OP is hinting at is that they believe their employers real reason was for missing work for two weeks and using his insurance, and that the tattoo was just given as a reason

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Even if they can fire you for anything, they said it was because of his tattoo, and he doesn't have a tattoo. Wouldn't that still be considered wrongful termination?

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51 - Not really. They may have fired the OP because of a misunderstanding, but that doesn't make it illegal. It's only really illegal if it was due to discriminatory reasons.

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Even though they may not need a reason there in Virginia, all 50 states in the US are covered by Federal laws that prevent employers from not hiring and firing of people due to discrimination based on age, gender, race, or disability. Though this obviously is not a disability, it can fall under it in a court of law, if it came to that. It would be considered the result of an injury being the cause of dismissal, and thus can be brought in, in a sort of loophole. I'm not saying OP should sue right away, he/she should talk to HR first, and if they can't resolve it, then take it to court. Proceedings such as this usually don't take very long, and as OP will likely win, may also be awarded what they would have made during the time of unemployment as restitution.

How can they possibly be dumb enough to mistake that for a tattoo? Even if they had a rule, your boss had no right to fire you for a surgical scar. If you have to, you can sue for wrongful termination.

That sounds like a lawsuit to me. They paid for it and then they turn around and fire you because they claim its a tattoo? Yeah, I wouldn't take bullshit like that. If it was your boss that fired you, take it up with HR and show them any documents you have that shows they paid for the surgery. If it was HR that fired you, I'd be talking to a lawyer if you can.

Hey, they paid for your surgery, so now with your wrongful termination lawsuit they'll pay for a new house too! It's not worth working for the stupidly incompetent if you can get out of it ahead

On one hand a trip to HR could solve this problem, but on the other you could see this as an opportunity to find a new and better job. Whatever you do end up doing good luck to you. I'm sorry about this.

if they do know it's a scar they are probably justed pissed off they had to pay workman's comp and using it as an excuse to fire you seeing as they might think that you are accident prone now and don't want the chance of you having to claim more workman's comp

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Yea at will is what OP would have to worry about not right to work. OP should seek legal advice on this because that's not a valid reason to be fired for especially if you have documentation on the procedure and a doctors agreement that it is a scar not tattoo

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