Even If You Were Looking For Moonshine
Let’s start with a hard truth: not every employee who gets fired has a wrongful termination or employment discrimination case. Sometimes the firing has nothing to do with race, gender, age, or disability discrimination. Sometimes, the reason is much simpler—the employee did something stupid that gave the employer a legitimate reason to act.
And sometimes, that “something” involves rummaging through your coworkers’ personal bags looking for moonshine.
That is exactly what happened in Bergens v. Diverse Concepts, LLC, No. 25-5169, 2026 U.S. App. LEXIS 8377 (6th Cir. Mar. 18, 2026). Mark Bergens, an employee and assistant manager, had just returned to work after suffering a stroke—a serious medical condition that could support a disability discrimination claim under employment law. His employer supported him, paid him during his absence, and continued planning to promote him. Then, shortly after returning, Bergens searched coworkers’ personal bags without permission after being told, as part of a joke, that one of them had his moonshine.
It did not go well for Bergens.
The incident was captured on video. His coworkers were upset. And when confronted, Bergens lied about going through the bags—only changing his story after being told about the video. The employer fired him for what it viewed as a loss of trust. Bergens filed a disability discrimination and wrongful termination lawsuit, claiming the issue was his medical condition—not his conduct.
The United States Court of Appeals for the Sixth Circuit affirmed summary judgment for the employer and held that Bergens failed to show that the employer’s stated reason for the termination was not the actual reason. Bergens, 2026 U.S. App. LEXIS 8377.
This case shows how quickly a potential disability discrimination or wrongful termination claim can fall apart when the employer has a clear and documented explanation for its decision.
Legal Takeaway
How Do I Prove Disability Discrimination If I Was Fired After A Medical Event?
Disability discrimination claims under employment law follow a structured three-step process. The United States Court of Appeals for the Sixth Circuit held that the framework requires: (1) the employee to make an initial showing of discrimination, (2) the employer to provide a legitimate, nondiscriminatory reason, and (3) the employee to prove that the employer’s stated reason is not the actual reason. Bergens, 2026 U.S. App. LEXIS 8377.
Let’s start with step one. This is often called a “prima facie” case. In plain terms, it means the employee must present enough evidence to allow a reasonable inference of disability discrimination. That typically includes showing a disability, qualification for the position, and an adverse employment action such as termination, demotion, or pay reduction.
This step is not automatic. Some employees cannot meet it. Others can. Once an employee clears that hurdle, the case becomes real.
Step two is straightforward. The employer must produce a legitimate, nondiscriminatory reason for the action. The Sixth Circuit held that this is a burden of production—not proof—and does not require the employer to show it made the best decision. Bergens, 2026 U.S. App. LEXIS 8377.
Applying those steps here, Bergens cleared the first stage. He had a medical condition, was performing his job, and was terminated. The employer did not dispute that.
The employer then provided a clear explanation: Bergens engaged in conduct that undermined workplace trust.
Will the court or jury accept the employee’s prima facie evidence or the employer’s stated reason. That uncertainty is what can create an opportunity for resolution or settlement.
When a termination happens this close to a return from a disability-related leave, there is exposure for the employer in front of a jury. At the same time, when the employee is carrying facts like this—conduct that can be framed as a serious breach of trust, backed by video, and followed by a credibility problem—the risk of losing is just as real.
This is the kind of case that lives in that tension. This is where the best lawyers separate themselves. They do not treat every case like a guaranteed winner. They do not ignore bad facts. They assess both sides of the exposure and make clear, informed recommendations based on that reality. Some cases should be pushed. Others are better resolved before those risks play out in front of a jury.
What the opinion does not say is just as important. It does not tell us whether the employer offered anything to resolve the case. It does not tell us whether the employee’s demands were unreasonable.
Best Disability Discrimination Lawyer Blogs on Point:
Can My Employer Fire Me For Doing Something Stupid At Work?
Yes. And courts are clear about that.
The Sixth Circuit held that the key issue is whether the employer actually relied on its stated reason—not whether the decision was harsh or unfair. Bergens, 2026 U.S. App. LEXIS 8377.
Employment law does not require employers to make perfect decisions. It allows them to act on workplace misconduct, especially when it involves trust, professionalism, or judgment.
Here, the employer had a specific and documented explanation for the termination. The court held that Bergens could not show that explanation was false or unrelated to the decision. Bergens, 2026 U.S. App. LEXIS 8377.
The Sixth Circuit also held that an employer’s decision can stand if it is based on an honest belief supported by the facts available at the time. Bergens, 2026 U.S. App. LEXIS 8377.
This is where many wrongful termination and retaliation claims fail. Even if an employee believes discrimination played a role, the presence of a clear, fact-supported reason for termination can defeat the claim.
Best Wrongful Termination Attorney Blogs on Point:
How Do I Avoid Giving My Employer A Reason To Fire Me?
Do not do things that violate basic workplace trust. Do not go through coworkers’ personal belongings. Do not cross obvious boundaries and then try to explain it away as a joke. And if something happens, do not make it worse by denying it when confronted. Employers can—and will—fire employees for conduct that shows poor judgment, especially in management roles. If you think you may have a disability discrimination or wrongful termination claim, do your job, follow workplace rules, and avoid handing your employer a clear, documented reason to justify the decision.
Best Employment Law Firm Blogs on Point:
How Do I Know If I Have A Wrongful Termination Claim?
Just because you were fired does not mean you were wrongfully fired. The key question is whether your employer acted because of unlawful discrimination, retaliation, or another illegal reason—not whether the decision felt unfair. The best way to evaluate that is to speak with an experienced employment lawyer or attorney who can assess the facts, identify risks, and determine whether your case has real value. At Spitz, The Employee’s Law Firm, we focus exclusively on representing employees in wrongful termination, retaliation, and discrimination cases. We offer free consultations, a no-fee guarantee, and the resources to take cases to trial when necessary. Waiting too long can weaken your claim, so it is important to act quickly if you believe your employer crossed the line.
Frequently Asked Questions
Can I be fired for going through a coworker’s belongings?
Yes. Employers can terminate an employee for conduct that violates basic workplace trust, even if the employee tries to pass it off as a joke.
What is disability discrimination in employment law?
Disability discrimination occurs when an employer takes action against an employee because of a disability or fails to provide a reasonable disability accommodation.
Can I still have a wrongful termination claim if I made a mistake at work?
It depends. The key question is how the employer treated other similarly situated employees who engaged in similar conduct. If others were treated more favorably, that difference can support a discrimination or retaliation claim.
What is retaliation in employment law?
Retaliation occurs when an employer takes action against an employee for engaging in protected activity, such as complaining about discrimination.
Employment Lawyer Disclaimer
This workplace discrimination, disability discrimination, and employee rights blog is for general informational purposes only and is not legal advice. Every employee and employer situation is different, and nothing in this blog should be relied upon as advice regarding your specific circumstances. You should consult with a qualified employment lawyer or attorney for advice related to your situation, especially if you believe you have been wrongfully fired, subjected to retaliation, or denied a disability accommodation. No promises or guarantees are being made. This blog is a legal advertisement for Spitz, The Employee’s Law Firm. Reading this blog does not create an attorney-client relationship.