A Nebraska-based server was left concussed after hitting his head at work. But one thing he didn’t expect was to get fired a week later.
Servers get fired for all kinds of things, including posting about their workplace on TikTok or having their table dine and dash. But getting fired for an ‘attitude’ problem a week after an accident at work? That’s a new one.
In the video, TikTok user Garry (@barrisongrooks) shared that he was fired on Easter Sunday of all days. It happened at the end of his shift at 5pm, after being there since 7am with no breaks.
Despite knowing that they were going to fire him the whole time, he described how they gave him a section with two tables in it, and two two-tops, which levelled out at four people in total. While he got two $100 tips from two different customers, Garry said he was fired for having a “bad attitude.”
The Accident
The previous week, he shared that he got concussed after hitting his head at work. It was 9pm, and he shared how he got there at 7am to work a double. Garry said he felt he wasn’t in his right mind because he was concussed, and said at the time that he needed to finish work and go home.
The next day, he woke up at 6:30am to go to work, but started feeling concussion symptoms like disorientation. At 7:30am, he told his manager that he had hit his head really hard at work and felt concussed and said he needed to go to Urgent Care. However, Garry’s manager asked if he had told the other manager who was there last when he had the accident. When he said yes, he said he had to wait until the other manager showed up.
What Happened Next?
It wasn’t until he told the manager he threw up that he was allowed to leave. Apparently, she said, “OK, bye,” and that was that. He then got an Uber to Urgent Care. They confirmed that he was concussed. However, because this manager didn’t tell him he needed to get comp from a specific urgent care center, he went to the wrong one. When he asked them to give him the number, he said he was fired for having a “bad attitude.”
“I have never heard that from any of my co-workers, never heard that from my other manager,” he said. “Not a warning, nothing, just straight fired. A week later.”
“So yeah, seems kinda retaliatory to me,” he added.
Garry didn’t immediately respond to BroBible’s request for comment via TikTok direct message.
What Did Commenters Think?
In the comments, countless TikTok users encouraged Garry to sue. “Get a lawyer,” one suggested. “They will do all the work for you! With workers comp you don’t pay anything outta pocket. They take their cut outta your settlement. I believe they will take 1/3rd. ”
“Absolutely get a lawyer,” a second chimed in. “They are trying to get out of paying your workers comp claim.”
“It takes 60 days I’m in process right now,” a third added. “You should have a claim manager and make sure you reach out to your HR team.”
“Ridiculous,” a fourth shared. “Unfortunately I have been fired for the stupidest reason too.”
Is Nebraska An ‘At Will’ State?
According to the Nebraska Department of Labor, the state allows “at will” employment.
This means that employers and employees both have the right to end the employment at any time without reason or notice. However, according to SuperLawyer, this right might be different depending on what it says in the employment contract.
Additionally, the site says that if someone’s business has at least fifteen employees, it is possible for the former employee to sue the company for wrongful termination on the grounds of discrimination under the Nebraska Fair Employment Practice Act. This law encompasses the prohibition of employees on the basis of sexuality, race, disability, country of origin, religion, disability, gender, or marital status.