Suing For Product Liability

Summary

To sue Pepsico for finding a hair in a Cheeto, you need to prove the product was defective and caused harm. Without medical records, it may be challenging to prove harm or distress. Consult a local attorney for personalized advice. For wrongful termination due to lack of accommodations for your medical condition and ankle injury, gather evidence and witness testimonies. The Americans with Disabilities Act (ADA) protects employees from discrimination based on disabilities. Document all communications and consult an employment law attorney.

Full Conversation

Florida
What evidence do you have to support your claim against Pepsico?

In Florida, you can sue for product liability if you can prove the product was defective and caused harm.
I have a picture of the hair still inside part of the cheeto
Do you have any medical records showing harm or distress caused by this incident? In Florida, to claim product liability, you must prove the product was defective and caused harm.
no
Without medical records, it may be challenging to prove harm or distress. However, you can still consult with a local attorney for advice.
It makes me sick to my stomach and makes me want to throw up just talking about it. I don't have insurance to go see a doctor.
Have you considered visiting a free or low-cost clinic to document your distress? In Florida, product liability requires proof of harm.
I don't know any in my area
What is your exact location? I can help you find a nearby clinic.
middleburg FL
There's a free clinic in Middleburg, FL - Clay Behavioral Health Center. Their contact number is (*) *-*.
thank you
You're welcome! If you have any more questions or need further assistance, feel free to ask.
how do I formulate a case against an employer that terminated me for my medical condition and messed up ankle, even after asking for accommodations? They terminated me stating it was insubordination which it wasn't
Do you have any written documentation or emails where you requested accommodations for your medical condition?
no
In Florida, it's illegal to terminate employment due to disability. If you have any witnesses or other evidence, it could strengthen your case.
The HR lady spotted my ADHD on the first day. I verbally expressed it to them and they dismissed it
Did you inform your employer in writing about your ADHD and request for reasonable accommodations as per the Americans with Disabilities Act (ADA)?
they knew my ankle was messed up too
Did you provide any medical documentation to your employer about your ankle condition?
no I haven't been able to see a doctor. I am waiting for workers comp to approve it and get me in. This is through a different company
Did you file a workers' compensation claim for your ankle injury? If so, when and what is the status of your claim?
Yes I am going through an attorney
What is the current status of your workers' compensation claim?
They filed a claim with the courts and we are waiting for the next steps
What is the name of the court where the claim was filed?
I dont know. we are getting of subject here. I am asking about the wrongful termination due to no accommodations for my ankle and condition and them dismissing it like I can magically speed up my time on certain jobs I go to
Did you inform your employer about your need for accommodations due to your ankle condition and ADHD?
not in those exact words, but I stated that the reason I am slower on calls is because of these issues I am dealing with. they just dismissed it and still harped on being faster when we werent charging customers money for the maintenances
Did you document any of these conversations or have any witnesses who can confirm your statements?
Yes I documented them on my own. and we also had a meeting for my 30 day review and they said they were going to accompany me on some calls to try to help me and then nothing happened and they terminated me 3 days later
What is the name of the company that terminated you? This will help me provide more specific information. In Florida, the Americans with Disabilities Act (ADA) protects employees from discrimination based on disabilities.
Griffin Home Services
What was the exact reason given for your termination by Griffin Home Services?
insubordination
Did Griffin Home Services provide any written documentation or formal notice stating the reason for your termination as insubordination?
yes they made me sign a document that said insubordination and nothing else
Do you have a copy of this document that you signed? It could be crucial evidence if you decide to pursue a wrongful termination lawsuit.
for the reason
Do you have any other evidence or witnesses that can support your claim of wrongful termination due to lack of accommodations for your medical condition?
I do
What is the nature of the evidence or witness testimony you have to support your claim?
everyone saw me limping around the shop so they know I was hurting
What is the name and contact information of the witnesses who saw you limping around the shop?
i have Li and his number
What is the nature of Li's relationship to the situation? Is he a co-worker or a supervisor?
he is an installer
What is Li's contact information? He could potentially serve as a witness in your case.
why do you need that right now
Knowing the contact information of your witness can be helpful if you decide to pursue a legal case, as they may be called upon to provide testimony.
i have several peoples numbers there that can provide testimony
What is the nature of their testimony? Would they be able to confirm that you were not provided with the necessary accommodations for your conditions?
there is no basis for their claim of insubordination because there are no witnesses to the claim. There are witnesses to the the claim I have regarding ADHD and knowing that the medication doesn't always help the focusing and the limp from my ankle
What is the name of the court where your workers' compensation claim is filed? It's important to know this for further proceedings.
idk i have an attorney handling that case
What is the name and contact information of your attorney? It's important to keep them informed about any potential legal actions you're considering.
farah and farah
What is the contact information of your attorney at Farah and Farah?
the injury is from a different company who also wrongfully terminated me and I am trying to get someone to take that case also
What is the name of the other company that wrongfully terminated you and do you have any evidence to support your claim against them?
Snyder AC plumbing and electrical and they used a video and audio from inside a customers house where I had an expectation of privacy. I wasnt aware nor did I agree to audio recording. Snyder was aware of illegality of the video which is why they wont give it to me. I have documentation proving its existence and they will not give it to me because they know it incriminates them. I also expressed my injury there and they didnt do anything about it knowing they were going to terminate me regardless of what was on the video. they are claiming I had made customers feel uncomfortable in this certain way that the client was claiming, but couldnt share any information of who had talked to me about it nor the claims or customers. There is another employee with known complaints and I have witnesses that can vouch for it and Snyder had actually lost customers over it and because he is of a different skin color than me he is still employed there.
What kind of documentation do you have that proves the existence of the video and audio recording?
I have text messages from the HR lady confirming it. she specifically said video and audio recording and I didnt even mention audio when asking for the footage.
What is the content of the text messages from the HR lady? This could be crucial evidence in your case. In Florida, it's illegal to record someone without their consent.
I asked for the for the video footage from the particular customer and she wrote back we will not be releasing the footage or the audio.
What is the name of the HR lady who confirmed the existence of the video and audio recording?
colleen o'connell
What is the contact information of Colleen O'Connell?
*-*-*
What is the nature of the video and audio recording that Colleen O'Connell confirmed the existence of?
I have her email also. it is footage and audio I didnt consent to and no signage posted supposedly confirming allegations of making her feel uncomfortable inside her home.
Did you have any conversation with the customer that could have made her feel uncomfortable?
The only thing I can recall is telling a story that at the time I didnt realize that it was inappropriate because the ADHD some times I dont realize that it isnt good to share stuff like that, but it was a real story and I was trying to build rapport. I realize now I should have said it. but when Snyder fired me and had review the video and audio all they used that story and I had informed them prior to them view it. All of the alleged allegations werent even mentioned.
What is the nature of the story you shared with the customer that you believe may have been inappropriate?
it was witnessing a customer of snyder that was a male and gay coming out of the shower naked. and this particular customer was a lesbian. I have several lesbian couple friends and i have shared that story with them and they thought it was funny so I didnt think anything of it.
What is the name of the court where your wrongful termination case against Snyder AC plumbing and electrical is filed?
I guess. Their workers comp insurance is liberty mutual
What is the status of your workers' compensation claim with Liberty Mutual?
standby to get seen by a doctor.
What is the name of the doctor or clinic you are scheduled to see for your workers' compensation claim?
i have nothing scheduled yet
What is the reason for the delay in scheduling your appointment with the doctor for your workers' compensation claim?
we are waiting for them to approve treatment. they denied the claim because they couldnt get ahold of the adjustor
What is the name and contact information of your adjustor at Liberty Mutual?
i dont have that info and i dont see how it is relevant to this case
The adjustor's information could be helpful in following up on your workers' compensation claim. Have you tried contacting Liberty Mutual directly for this information?
No I have not because I have an attorney currently assisting me in this matter
What is the name and contact information of your attorney handling your workers' compensation claim?
again, what does this have to do with my wrongful termination case?
Did you file a complaint with the Equal Employment Opportunity Commission (EEOC) regarding your wrongful termination?
yes and I am waiting to talk to them about it and that is scheduled for the 23rd of October. I need something sooner
What is the name and contact information of the EEOC representative you are scheduled to speak with?
they didnt provide that information when scheduling the appointment
What is the exact date and time of your appointment with the EEOC?
October 23rd *. I dont remember the time i think its 1pm
What is the location of the EEOC office where your appointment is scheduled?
miami florida and its phone call
What is the nature of your conversation with the EEOC representative? Are you planning to discuss both your wrongful termination cases?
yes
What is the name of the attorney handling your wrongful termination case?
i dont have one yet
What steps have you taken to find an attorney for your wrongful termination case?
one
trying to find
What type of attorney are you looking for? Employment law attorneys specialize in wrongful termination cases and can help you navigate your situation.
employment law attorney
What is your preferred method of communication and the best time to reach you? This will help in connecting you with an employment law attorney.
any time email and phone and text
What is your email and phone number? Please note that this information will only be used to connect you with an employment law attorney.
jakeanderson399@gmail.com
What is the best time to reach you on your phone?
*-*-*
What is the best time to reach you on your phone?
any time
are you having someone call me?
Yes, we can arrange for an employment law attorney to contact you. They will be able to provide more specific advice regarding your wrongful termination case.
that would be great. racial discrimination against snyder and discrimination against griffin for my medical condition and Ankle injury
What evidence do you have to support your claim of racial discrimination against Snyder and discrimination due to your medical condition and ankle injury against Griffin?
I have other people that can vouch for the favoritism towards an individual that is hispanic and the manager of the maintenance department is hispanic. this individual has had way more complaints against him from customers that everyone is aware of and he is still there and I am white so I get fired. I was great at what I did and was the best and they fired me because I am white so they can give him my calls. White people dont get treated very well there that is for sure. but hispanics seem to get treated great
Can you provide the names and contact information of the individuals who can vouch for the favoritism and discrimination you experienced?
griffin I told them of my conditions and there are several people who can vouch for ADHD and how some times the medicine doesnt always help. Also lots of people could see I was hurting from my ankle. They said they understood but dismissed all of it. then they said they would go with me to some calls to help me and fired me 3 days later. They fired me because of my conditions for taking too long on calls and packaged the reason different.
What is the name and contact information of the individuals who can vouch for your ADHD condition and ankle injury at Griffin Home Services?
If you can have an attorney willing to take the case I can provide all of those details
What is the best way to contact you for the attorney to discuss your case further?
phone
What is the best time for the attorney to contact you on your phone?
any time *-*-*
What is the nature of the accommodations you requested from your employer due to your medical condition and ankle injury?
to understand that I am going to take longer on calls regardless if the company is making money on the call or not
What was the response of your employer when you requested for this accommodation?
they didn't really respond. I believe they understood but later they were complaining about it again
What was the nature of their complaints about your performance?
just that I was taking too long on calls that we werent making money on
What was the average duration of your calls compared to your colleagues?
*-* hours and theirs were hour to an hour and a half
What was the reason given by your employer for the difference in call duration between you and your colleagues?