Gun Toting Santa Fired
Disabled Army veteran, Calvin Congden, is suing Michigan for claims of firing him unconstitutionally because he posted a photograph of himself dressed as Santa with an assault rifle.
Congden served at Guantanamo Bay, and was awarded the Joint Service Commendation Medal during his tour of duty. After he was discharged, he was diagnosed with post-traumatic stress disorder and anxiety.
Condgen explains that he was dressed up as Santa Claus for a charity event for foster chldren at a bowling alley. In December of 2015, he posted a photo on Facebook showing him standing in front of a Christmas tree dressed as Santa holding an assault rifle he legally owns with an American flag in the background.
After he posted the picture, he says his Health and Human Services Department manager warned other workers to "beware of him because he was a veteran, owned firearms, and 'looked crazy' in the picture." Congden says he complained to his state representative. Two weeks later he received his first disciplinary action. Eventually two of the managers disciplined him for "falling behind on documentation and making simple grammatical errors." From then on he was put on one year probation and was deemed emotionally unfit to work in July 2016, so the Health and Human Services Department fired him.
The complaint states that the real motivation for Congden's termination was for his exercise of his right to bear arms.
He is seeking reinstatement, lost wages and benefits, and damages for First and Second Amendment discrimination, and disability discrimination.
Comments From Allen: It saddens me any time I see a veteran singled out for treatment like this. There is nothing illegal about what he is doing. He is a veteran. The overwhelming majority of veterans I know own guns, and none of them shoot Americans.
Michigan is an "employee-at-will" state, meaning the employee stays working only as long as the employer says so, and can be fired at any time. However, the employee cannot be fired for certain reasons, such as race, religion, gender or age (over 40), and cannot be fired for a reason that violates public policy, and the employer cannot fire an employee with a disability when reasonable accomodations in the workplace can be made to accomodate that disability. Idaho law is the same.
It is unusual for one to be fired for allegedlly violating someone's feelings about the 2nd Amendment, the right to bear arms. It is also unusual to be claiming you were fired for exercising your free speech rights; you would have to prove you were fired for exercising your right to free speech.
Alleging a violation of the Americans With Disabilities Act (1990) makes some sense here, as there appears to be some animosity against Mr. Congden for his status as a veteran with PTSD. Under the ADA, employers must make "reasonable accomodations" for handicapped employees, when possible, instead of firing them because of their disability.
The first step for one seeking to claim workplace discrimination is to file a claim of discrimination with the Equal Employmen Opportunity Commission, or its state counterpart. In Idaho, that is the Idaho Human Rights Commission in Boise. An investigator is assigned to the case, and he makes a determination whether the employee was or was not discriminated against. Once that determination is made, the EEOC issues a "right to sue" letter, and the fired employee may then take legal action, whether the EEOC agrees with him or not.
Congden served at Guantanamo Bay, and was awarded the Joint Service Commendation Medal during his tour of duty. After he was discharged, he was diagnosed with post-traumatic stress disorder and anxiety.
Condgen explains that he was dressed up as Santa Claus for a charity event for foster chldren at a bowling alley. In December of 2015, he posted a photo on Facebook showing him standing in front of a Christmas tree dressed as Santa holding an assault rifle he legally owns with an American flag in the background. After he posted the picture, he says his Health and Human Services Department manager warned other workers to "beware of him because he was a veteran, owned firearms, and 'looked crazy' in the picture." Congden says he complained to his state representative. Two weeks later he received his first disciplinary action. Eventually two of the managers disciplined him for "falling behind on documentation and making simple grammatical errors." From then on he was put on one year probation and was deemed emotionally unfit to work in July 2016, so the Health and Human Services Department fired him.
The complaint states that the real motivation for Congden's termination was for his exercise of his right to bear arms.
He is seeking reinstatement, lost wages and benefits, and damages for First and Second Amendment discrimination, and disability discrimination.
Comments From Allen: It saddens me any time I see a veteran singled out for treatment like this. There is nothing illegal about what he is doing. He is a veteran. The overwhelming majority of veterans I know own guns, and none of them shoot Americans.
Michigan is an "employee-at-will" state, meaning the employee stays working only as long as the employer says so, and can be fired at any time. However, the employee cannot be fired for certain reasons, such as race, religion, gender or age (over 40), and cannot be fired for a reason that violates public policy, and the employer cannot fire an employee with a disability when reasonable accomodations in the workplace can be made to accomodate that disability. Idaho law is the same.
It is unusual for one to be fired for allegedlly violating someone's feelings about the 2nd Amendment, the right to bear arms. It is also unusual to be claiming you were fired for exercising your free speech rights; you would have to prove you were fired for exercising your right to free speech.
Alleging a violation of the Americans With Disabilities Act (1990) makes some sense here, as there appears to be some animosity against Mr. Congden for his status as a veteran with PTSD. Under the ADA, employers must make "reasonable accomodations" for handicapped employees, when possible, instead of firing them because of their disability.
The first step for one seeking to claim workplace discrimination is to file a claim of discrimination with the Equal Employmen Opportunity Commission, or its state counterpart. In Idaho, that is the Idaho Human Rights Commission in Boise. An investigator is assigned to the case, and he makes a determination whether the employee was or was not discriminated against. Once that determination is made, the EEOC issues a "right to sue" letter, and the fired employee may then take legal action, whether the EEOC agrees with him or not.
***********************************************************************************************************************
Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
Also, check out browninglaw.net for more information about Allen and Browning Law.
Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.
Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.
Sources for more information:
Comments
Post a Comment