We're back and ready for our next case of the day.
Let's welcome it with this Cuban proverb.
It reads,
"When it comes to defecating, stay away from green guavas."
I don't know if you know this,
but green guavas cause constipation.
Well, let's start the case.
Please bring out the litigants.
She knows I can't go unless I'm home.
I'm very demanding.
If he doesn't meet my expectations,
I don't want him.
Good afternoon and welcome.
Good afternoon, ma'am.
Ignacio, you're suing Conchita.
Yes.
She's your employer, or ex-employer, correct?
Ex-employer.
Tell me why you're suing her
and what you demand to settle this case.
I'm suing her for discrimination.
I have a mental issue, and she fired me.
I demand my job back or $15,000 in severance pay.
I'm not paying you a dime. You don't deserve it.
Tell me how long you've been working there
and what position you held.
What's your psychological issue?
Tell me all the facts surrounding the case.
It's a small cookie factory.
I worked with her father for five years.
Her father passed away a year ago
and she took over the business.
That's when the problems started.
I'm embarrassed to say this, but I need your help.
Ever since I was a boy,
I've never been able to defecate in a bathroom
that isn't the one at home.
For the past seven to eight years,
I've had the issue of having to go the moment I clock in.
I've tried showing up before my usual clock-in time,
but it's no use.
I always have the urge to go the moment I clock in.
I used to bike to work,
so I'd have to speed off on my bike to go home, poop,
and come back.
I honestly don't get it.
Her father was a generous man.
He understood my problem
and he knew what a good worker I was.
In fact, I started off as a regular employee
and ended up a supervisor.
Okay.
I was the next down the ladder, right beneath her.
I was in charge of factory operations.
She didn't really get that part.
My father had a private bathroom
installed at the factory.
He invested money
just to give this man access to a bathroom.
Now he claims he can't use it
because it isn't "his" bathroom!
He insists on going back home! Good God!
I can't control it, ma'am!
I love my job, but she fired me.
Hold up.
I gave you many chances.
I tried arriving before my shift, but it never worked.
What if you decorated the factory's bathroom
to make it match your bathroom back home?
That didn't work, right?
No.
I still have to go home.
Right.
What happens when you use other bathrooms?
I can't go!
I'd spend one, two hours in the factory bathroom...
And you never managed a bowel movement.
Nope.
-So you just can't. -I can't.
How far away do you live from the factory?
At first, I lived further away.
Mr. Ernesto, may he rest in peace,
financed a car to speed up my commute to and from home.
Another investment.
I liked my job so much, I moved seven miles away.
So I clock in, I get the urge to go as always,
and I drive back home.
I take anywhere from 15 to 25 minutes,
depending on the traffic.
What if there's an accident?
Hold on.
Don't talk yet.
Let me explore this situation a bit further.
Then you can tell me your opinion.
So at what time do you work?
At 8:00 AM.
Have you tried arriving at 7:00 AM?
Yes, of course!
What happens then?
The moment I clock in, I have to go.
So you get the urge to go the moment you clock in.
Yes.
You can't fool your bowels.
Nope.
Okay, okay...
Have you tried waking up earlier to stimulate...?
I've spent up to two hours in the bathroom.
I wake up at 5:00 AM and nothing.
It's only once I actually clock in.
What if you work a different shift?
We tried that, but it didn't work.
The moment I clock in...
So going to work gives you anxiety
and that's what makes you need to go.
Yes.
You mentioned this was a psychological issue.
Have you seen a professional?
Yes. I brought evidence, too.
Bring it here.
Can you imagine, ma'am?
He called out to work four times in one week!
The following week,
he left because he had an "intestinal obstruction!"
Hold up.
I wanted to keep my job, ma'am.
Let's see.
"The patient, Ignacio Hernandez,
showed up at the hospital
with a severe intestinal obstruction...
that was affecting his digestion.
The patient..."
He had to undergo surgery to remove the obstruction.
Know why I needed surgery?
Here it also states,
"The patient has been diagnosed with social anxiety."
My goodness!
"Medication to control his symptoms, [beep] 10 mg,
must be taken daily."
Are you taking your meds?
I tried it, but experienced no real results.
It just continued.
So what caused the obstruction?
She gave me an ultimatum.
She said that if I continued having this problem,
she was going to fire me.
I ended up holding it in for a whole week,
which caused an obstruction.
And here's your letter of dismissal.
Justifiably.
How do you respond, Conchita?
-Good afternoon, ma'am. -Good afternoon.
First of all,
I can't believe this man had the nerve to sue me.
Here's why.
Alright.
He hasn't done this just once or twice.
We've tried to help Ignacio many times.
He's worked for us for the past five years
and he's proven himself to be a good employee.
That is, until this issue began to persist.
Let me talk!
I've always had this issue.
I wasn't aware of this problem.
I wasn't as involved with the business
until my father passed away.
And your father never spoke of him?
Never.
He told me about his small business of ten employees.
He never told me about any special cases.
Once I took over the business,
I realized Ignacio had to take leave every day.
His position is a super important one.
I'm the manager and he's my supervisor.
He needs to come to meetings and events with me.
However, he always ends up disappearing!
I always end up stunned
and having to apologize on his behalf.
What am I supposed to tell my clients?
"My employee left because he can only poop at home."
How am I supposed to explain that?
I understand.
It only happens in the mornings when I clock in.
I never really disappear like that.
So in the afternoons, you're fine.
Yes.
Your issue only takes place in the AM.
She changed my schedule...
I let him come in at 9:00 AM so he could go beforehand,
but no, ma'am.
Clocking in is what stimulates a bowel movement.
We have to look into that.
Let's take a quick break.
hM Is there anything else you'd like to add?
Of course, ma'am.
There's something I'd like to say.
I don't have one employee. I have ten employees.
I understand.
I can't halt production over one employee.
It's true, Ignacio has been a good employee,
but this is getting out of hand.
Sales have gone down.
Just imagine,
we get there at 8:00 AM to turn on the machines.
They require pre-heating, so that's a setback.
And yet Ignacio is nowhere to be seen.
I worked there five years without issue.
This is affecting my finances.
It's gotten out of hand.
Hold on, Conchita.
I understand your concern,
but if there was a way to accommodate an employee
that's proven worthy...
it's worth taking that into consideration.
I'm just saying.
That isn't my final ruling,
but it's something worth considering.
Good afternoon.
Her witness is the person who's taken my place.
That tends to happen.
We'll see.
What's your name?
Good afternoon. My name's Helen.
And you're here in support of the plaintiff.
Yes, he's my father.
Oh, he's your father.
What's your statement?
My father's an honest man.
He's likes doing things right and following the rules.
He's never missed work.
He's worked there five years.
He always stays late.
Unfortunately, my mother left him due to his condition.
It's serious.
Your mother left him
because he couldn't use public bathrooms?
We used to go out to eat, to the movies,
and to family parties.
He got the urge to go during my mother's birthday party.
He had to leave.
He can't use public bathrooms,
be it at a hotel or a restaurant.
It's tearing my life apart.
Yes, it's quite problematic.
What's your name, sir?
Javier.
I know you've taken the plaintiff's place.
Yes, ma'am.
What's your statement?
You don't require trips back home, right?
No.
The thing is, I don't think the rest of the employees
should have to adjust to his schedule.
Mrs. Conchita asked me to cover for him
on multiple occasions.
In those cases, I had to abandon my then duties
to perform his duties in his absence.
But the factory carries out operations as normal.
That's the important thing here.
But it's still inefficient management.
I can't allow that.
I also can't give you priority
over the other employees.
My needs don't impede on the factory's operations.
Anything else?
Yes.
Have the experts come out.
Dr. Madeline Hernandez and Attorney Lizette Sierra.
Since taking over his place,
there's been a greater adherence to schedule.
Production is on time...
It flows better.
Yes, it flows.
There's never a need to stay late
all because of one person.
Right. Understood.
Dr. Hernandez, let's talk about his condition.
Is this learned behavior, or is it...?
I don't know.
Back when I was a kid,
my mother would always make us use the bathroom
before we left home.
"But I don't have to go!"
"Well, try anyway!"
Could this man be traumatized?
What you've just described is learned behavior,
but his case is different.
We'd have to see his records.
He says he's been this way since he was a child.
This might just be a form of anxiety.
Patients with severe anxiety
often suffer from digestive issues.
There are three different hormones that dictate this.
Cortisol is the stress hormone.
Whenever someone is under severe stress,
the brain produces this hormone in large amounts.
That hormone can either paralyze your digestive system
or cause frequent bowel movements.
In this man's case,
I'm seeing a specific form of anxiety
known as performance anxiety.
It's anxiety regarding one's duties.
He experiences a surge right when he clocks in.
That's right.
He's tried waking up early, amongst other methods,
but undoubtedly it takes place once he clocks in.
Yes, and there is treatment.
That's what surprises me.
His medications might not have worked,
but there are relaxation and deep breathing techniques,
including progressive muscle relaxation,
which helps relax every muscle.
He feels far more relaxed at home
because he associates his house with peace and ease.
I'm surprised he hasn't had to go yet,
given how tense things are here.
We probably would've had to halt the case.
That's right.
His anxiety is directed towards work.
He needs to work on that daily...
Let's move things along.
He's rubbing his belly.
I think there's movement.
Possibly.
Now, Attorney Sierra...
Do employers have to accommodate their employees?
Well, under different circumstances,
I'd argue yes, because he does have a disability.
The Americans With Disabilities Act states
that employers must accommodate all employees.
He hasn't been declared disabled yet, though.
I'd still argue that it's a disability.
He'd have to file a report in order to attain disability
and then hold his employer responsible.
His previous employer did accommodate him,
as he allowed him to go home and stay working later.
In this case, however,
we're dealing with a private company
with under 15 employees.
That law does not apply to them.
Right.
Florida is an at-will work state,
which means you can quit at any time
or be fired for no reason.
Sadly, you had all the right to fire him.
I technically can't rule in his favor
because you were legally in the right.
However, I'm an arbitrator.
I don't see things in black and white.
I don't see things from a strict productivity standpoint.
I judge a person's worth.
He's been a loyal employee for five years.
Your father appreciated him
to the point of accommodating his every need.
In honor of your father...
I can see that, ma'am.
I was waiting for you to realize
that your father saw this man as a worthwhile employee.
He gave him the benefit of the doubt...
Five years, ma'am!
I don't want money. I just want my job back.
I know.
Is there another job he could take on?
One where he won't be bound by a schedule?
I'd have to look into it, ma'am.
I can't give you an answer right now.
Well, it's in your hands now.
I hope your father's actions help you realize
that a good employee is worth it in the long run.
In the meantime, I'm forced to deny your claim
given all that's been said here today.
The law doesn't favor you.
I wish you the best.
I assume you have to go to the bathroom now.
It's final! Case closed!
Be kind, be careful, and get educated.
Give respect to earn respect, and may God help us.
See you next time! Thanks.
CC: TELEMUNDO NETWORK captioning@telemundo.com (305) 887-3060
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