Fired although accommodations agreed upon were not met

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Latest post 04-02-2012 12:40 PM by kath21. 5 replies.
  • 04-01-2012 12:38 AM

    • E. Rivas
      Consumer
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    • Joined on 04-01-2012
    • IL
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    Angry [:@] Fired although accommodations agreed upon were not met

    How's it going. 

    I have a Co-worker that was recently terminated due to "giving away merchandise."
    The company has survelance tapes however they do not distinctly show her giving anything away, the person just grabbed it and walked away. Obviously there is nothing we can do, we just ring up and cook the food.. 

    She was terminated on that condition, however due to a seperate occurance a year ago they found out she had a mental disability that made her confuse numbers and sort, so they agreed to just let her cook. She was not to be ringing anyone up. A year later new management came in and they made her ring up sales, despite the condition she had. 

     

    She wants his job back, is there anything she can do? 

  • 04-01-2012 2:11 PM In reply to

    • Drew
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    • Joined on 03-30-2000
    • PA
    • Posts 49,584

    Re: Fired although accommodations agreed upon were not met

    Its a bit of a long shot  and more out of my academic background than my very old HR experience --but I'd get a local labor lawyer skilled on ADA and EEOC matters to comment ---

    My thinking is that if she has a modest handicap and has requested or been given some sort of reasonable accomodation for same AND the employer is large enough in terms of numbers of employees to be covered by ADA, then it might well be a violation of ADA to fire her is she performs poorly in precisely the job duties she was relieved of performing due to her handicap..

     

     



  • 04-01-2012 2:15 PM In reply to

    • Drew
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    • Joined on 03-30-2000
    • PA
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    Re: Fired although accommodations agreed upon were not met

    I think if employer has 15 or more employee (counting  any and all part -timers as well)  that ADA applies---



  • 04-02-2012 10:07 AM In reply to

    Re: Fired although accommodations agreed upon were not met

    Accommodations agreed upon do not automatically last forever; business conditions, job responsibilities, and the demands of the workplace change over time.

    a)  We can't know if your co-worker's difficulty with numbers constitutes a disaiblity under the ADA, and

    b) If it does, whether not requiring her to ring anyone up was a reasonable accommodation for the employer (I would imagine that if she's not ringing up orders, then someone else has to regularly stop what they're doing and do it for her, right?)

    There's no way for anyone responding here to know whether a violation of the ADA occurred however your co-worker is free to file a complaint with the EEOC if she belives a violation of the ADA occurred.

  • 04-02-2012 10:42 AM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
    • Posts 49,584

    Re: Fired although accommodations agreed upon were not met

    Well, she might be wise to get some help and file a timely complaint thru EEOC.

    The latest version of ADA coverage post about 2008 covers a very broad spectrum of limitations.

    If she was fired for poor judgement and giving away food--that's one thing.

    But if she had learning disability that inhibited her ability to count, deal with cash registers, make change --and there was some sort of recognized need AND some sort of accommodation made to accommodate her limitations , in this case by removal of her from register duties and maintaining her at cooking only duties --I think she has a point well worth review with competent labor counsel. Its not a slam dunk either way!

    I have no quarrel that management might not have a need to change the accommodations--and a right to do so  --but  if they just unilaterally changed the rules--I'm not so sure that fits.

    The issues of the mentally challenged are perhaps most vexing.



  • 04-02-2012 12:40 PM In reply to

    Re: Fired although accommodations agreed upon were not met

    Check out the website at :

    www.eeoc.gov  for more info

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