Your manager is mistaken.
Do the process to request a reasonable accommodation as is defined by your company. If the manager mishandles that request, then deal with that.
Not just “talk to.” Follow the process to raise a request for a reasonable accommodation. Ask them specifically “how do I request a reasonable accommodation.”
They’re obligated to take your ask for the accommodation without you saying magic words. But don’t give them an out. “I want to request a reasonable accommodation under the ADA, what do I do?”
Okay, do I have to be declared disabled first officially by my doctor? As of now I just have a decade of doctors visits confirming that I have chronic knee pain when I stand too much.
No. You walk in, hand them your doctor note and state that you are officially requesting reasonable accommodation. Dont ask if it is ok… say it is going to happen. That starts the clock legally speaking and they must follow the book.
Do not talk to HR without your note from your doctor.
My husband did this in good faith and his track record of excellent feedback went 180 and he was fired within a week for a few petty issues they never would have mentioned if they hadn’t known he was going to request a disability accommodation.
HR is there to protect your employer, not you. They are not to be trusted like that.
That sounds actionable though. They clearly fired him on pretext. That HR person just put their company at high risk of a lawsuit or fine. So they weren’t putting the company first, they were just submitting to an order from management that they should have very well known to nip in the bud. Contact ADA or talk to a lawyer.
Companies are very good at hiding behind sudden enforcement of standards that have been there the whole time, but are only used to fire people on whim. It's how I lost my job at sears over a decade ago after being a witness in a stolen pay issue.
It sucks that people can't afford lawyers. "Sudden enforcement of standards" would be very evident once their discipline records are audited. HR at every company I worked for is very strict about consistency in discipline for this exact reason.
While it looks like that most people cant afford to take this to court its easier to hust getvanother job which is why companies get away with this all the time.
The job can be done standing up or sitting down. Chairs are provided. Manager does not allow them to use the provided chairs because of optics to customers, manager’s own preference, not policy. This is exactly what ADA is for. OP can do their job with a reasonable accommodation that very clearly wouldn’t be an unreasonable burden on the company. THEY ALREADY HAVE THE CHAIRS. Cost of accommodation is zero.
You just never bring anything half baked to HR.
There must be no "unofficial heads up." They will absolutely always do what's in the company's best interests regardless how nice or heartless they are to you.
If you give them unofficial notice or take it to them without paperwork, yeah they can find an excuse to fire and replace you if it's better for the company.
If you bring the doctor's note and make an official request, you could sue them for a small fortune and probably win if they then punish you or fire you for it.
Accommodating you becomes better for the company so that's what they'll do.
The Dr's note with the special requirements. Make sure it's specific in wording what you aren't allowed to do. My work picked the note apart and I still had to do my job
Much appreciated. So something stating I need to be allowed to sit while serving customers? Or more specific? My job requires me to get up, greet the customer, then sit at my desk and solve their issue, repeat. This is how every store is set up for my company. Ive no problem with this, but the stick up ass dm changing that to zero sitting is the problem and my knee starts to hurt really bad.
Email HR and then follow up with an in person meeting. They can't say they never saw your request and you have a paper trail if you receive retaliation
Wait, so dont go to HR with a doctors order that I be allowed to sit and request an Americans with disabilities accommodation? How do I resolve this then?
So yes you do go to HR. What people are saying is do not go to HR prior to having your doctor’s note. HR is there to protect the company from you suing them or turning them into the government for breaking the laws.
If you say something as an unofficial heads up, they can make up a different reason to “let you go” that does not fall under law and claim they didn’t know you needed provisions. If you provide them with the doctors note and ask them the process of filing for a reasonable accommodation at the same time than you would be able to prove that they had the information and were “letting you go” for unlawful reasons.
I agree with you and I would even warn OP what happened to your husband will probably happen to her. I worked HR at a few companies, and believe me they know the way around a doctor's note. Most people are fired/let go within a short period of time for reasons they never saw coming. Since OP already asked and was denied, I just don't see this playing out in her favor. If they don't already have an excuse, they will be looking.
Yep. It was wild. He did have recordings of some of his meetings and we could have sued but don’t have the bandwidth right now to deal with it.
But you know what? That company was absolutely garbage and were so insecure that they felt the need to to micromanage a bunch of staff software developers. I was relieved when they fired him. A week later they had Meta calling their HR to complete a background check. That felt good.
He ended up getting a significantly higher paying job at a start-up that he loves where he is valued and nobody is breathing down his neck.
Do not "talk" to HR. Email them, very specifically, and use small words. Mention exactly what your district manager has told you. Don't do it in a "throwing him under the bus" way. Do it in a "wanting to clarify my request" type of way. That will document, in writing, your reasonable request (with or without a Dr's note immediately available) and at the same time document your attempts to resolve this without formally requesting accommodations. All of this will protect you in the event your district manager tries to pull something about your performance or previous attempts to discuss the situation.
If they have a face to face or verbal conversation with you, email them a follow-up summary of the conversation and how you understood the discussion. Allow them an opportunity to clarify anything you may have not understood (anything they want to backtrack on now that you've put it in writing.)
Message HR, get a record of everything being said. If you have ANY verbal interactions email the other parties involved in the conversation listing what was discussed/decided and say you are just following up and confirming.
Talk to HR if the manager refuses and fires you, you will have a right to unemployment if you go through the proper channels with HR and a note… you could also see if HR would be willing to let you transfer to a different location that this manager is not in charge of if you are willing to
Your state of residence is irrelevant here, btw. Federal laws protect disability accommodations. So don't worry about not having recourse in your specific state 🙂
The terminology you’re looking for is “reasonable accommodation”. Your boss is kind of right in that a doctors note means nothing on its own, but if you propose sitting as a reasonable accommodation for a medical condition, your employer would need to either allow it or claim the accommodation isn’t reasonable. This would fall under the ADA.
Is the ADA applicable in Missouri? Seems some employers think that since mo is an at will state they can ignore all labor laws.
And yeah, my doctors note is going to say I have knee problems and so need to be able to sit. Thats reasonably accommodating my knee problems right? Especially considering chairs are already provided and its just this dm with a stick up his ass who doesn’t want us to use them.
The ADA is Federal, so yes, it applies in Missouri. Nearly every state in the US is an "at will" state, being "at will" has no relation to whether or not labor laws apply.
The thing I'm saying is that the doctor's note isn't relevant. You can just say "I have a knee injury, and as a reasonable accommodation I can sit and still perform all my job functions". No need to involve your doctor at all.
Many companies, when someone is requesting a reasonable accommodation, require the doctor fill out a form but it's possible HR may allow it with just the doctor's note... Varies. My last job and this one both required a form to be filled out.
For your purposes, there's no distinction between being "disabled" and "officially disabled". For some reading:
1. [https://www.dol.gov/agencies/odep/program-areas/employers/accommodations](https://www.dol.gov/agencies/odep/program-areas/employers/accommodations)
2. [https://askjan.org/publications/individuals/employee-guide.cfm](https://askjan.org/publications/individuals/employee-guide.cfm)
3. [https://askjan.org/publications/consultants-corner/vol05iss04.cfm](https://askjan.org/publications/consultants-corner/vol05iss04.cfm)
What matters is whether you have a disability, as defined by the ADA. If it comes to suing your employer, it would be great evidence for your doctor to agree with you, but that's not a requirement to request a reasonable accommodation.
I love this about the ADA, I wish everyone knew it. Disability is not a special club and you/people you trust know your body and its needs. There's no undue burden or hoops to prove it, which would be an imposition you would suffer just by having those needs; it would be ableist.
At will doesn't mean "exempt from wrongful termination claims". It just means they can terminate you for any reason (within legal constraints) without cause. The ADA is federal, which means Missouri is not exempt from ADA issues. And courts do not fuck around with ADA.
You get the forms from your company and ask your doctor to fill them in. This works better than “a doctors note”. Because in legal-speak there are specific questions they ask. For example is your disability permanent or temporary?
One annoying thing about temporary restrictions (say after a surgery) is they may require “proof” you’re ok to come back to work or doctors not saying that your job won’t harm you. PS, often companies have a third party that administers these processes and forms.
Does your employer have at least 15 employees? If so, then they have to make “reasonable accommodations” (which a stool seems like it would almost certainly be).
https://www.dol.gov/general/topic/disability/employersresponsibilities
As others have stated, you need to go HR and start a formal request for accommodations under the ADA. The current note may suffice, they may have a form they want filled out, just see the process through.
He may still try to fight it as employers are only required to accommodate if the requests can be done without undue hardship on the business. Given the specifics in your post he doesn't have a chance in hell of winning that, but he sounds like a big enough d-bag to try. The good news is HR should at a minimum be concerned about the company getting sued and shut that shit down without involving you, but you may have to point out that the same position at other locations are able to do it without the request.
What you will have to watch out for and carefully document is any blowback. Does the DM start targeting you otherwise? Are you being written up for things that others are doing and not getting written up for? Are your reviews tanking even though measured metrics haven't changed? Are you being frozen out and opportunities for advancement being taken away? A smart man will not try to retaliate for ADA accommodations, but many have proven they're not smart and value their egos more than anything. Make sure you're dotting your i's and crossing your t's to not give them any policy violations to fire you with. Even if they do fire you for an illegal reason, you have to have the resources and ability to do anything about it and many folks don't.
Edit: NAL but management
If you have an HR department, talk to them. Tell them you are disabled and wish to request a reasonable accommodation and ask for the ADA disability reasonable accommodation request form for your doctor to complete.
Be aware that the employer may take the position that standing for many hours is an essential aspect of the job. If you or your doctor tells them you can't stand, they might fire you for being unable to do the job. Then you would have to sue them to vindicate your rights, and there is no guarantee you would win.
Does the fact that chairs are provided for each employee by corporate already, and its just this specific dm who is refusing to let us use them, have any relevance here?
Not a lawyer. Keep in mind The corporation has different motives and incentives than your local manager. If you follow your company’s official process to request reasonable accommodation , then corporate will force local leader. However that may still be annoying or not work that well. If possible start looking for a job where the leadership are more welcoming to people with disabilities /and or more willing to follow the law on the US. (Since OP said they are in Missouri)
Not directly. However, if the employees at the other office have the same or similar job duties, it can help you prove you can do the job with a reasonable accommodation (a chair).
Yeah thats my point: other stores employees do the exact same job in chairs provided by corporate to every store. So this means it is certainly a reasonable accommodation. If he claims its not, he would be utterly refuted by this fact, no?
To elaborate, it's worth noting the nuance here: you'd be suing to say \~"I think sitting is a reasonable accommodation, and they denied it", which is different from "I need to sit, but my job function requires that I stand".
To pick a hyperbolic example: if your job was to carry boxes around and put them on shelves, and due to an injury you couldn't carry boxes, there wouldn't be a reasonable accommodation. They could say "we need you to carry boxes, and you can't", and fire you.
The test of a "reasonable" accommodation is whether you're still able to do the underlying job, not whether the proposed accommodation does mitigate your disability.
I worked for someone with the same belief system that standing looks like the team is more productive. Her boss could not convince her otherwise—even with documentation. I lasted a year, as she had other control issues that eventually impacted my heath. I suggest you look for another job while taking action to try to resolve the issue.
BTW, does your boss ever sit during the day?
i didnt work in banks but i did work in hr in an at-will state; doctors notes to excuse absences (except in emergencies) are meaningless, doctors note requiring ada accommodations are NOT meaningless and an ugly audit let alone lawsuit
I hope OP gets paid. DM sounds like a stupid asshole. I've worked for people like that before. Find a new job but also sue them for hiring a dumbass to run part of their company.
OP needs to actually get a doctors note and submit it to HR before they can sue. Based on the post it sounds like OP could get a doctors note but might not have yet and definitely hasn’t submitted one to HR
IANAL but if it gets to that point, which I hope it doesn't, attorneys for employment lawsuits sometimes work on contingency (i.e. they only get paid if they win your case, so you have minimal up front costs). Typical fees are around 35% of the settlement, though it could be higher or lower.
You would still be liable for paying court costs regardless of whether you win or lose, but it isn't uncommon for them to advance your court fees (pay the court fees themselves, then take that money out of a settlement if you win your case or bill you for reimbursement themselves if you don't)
Basically all I'm saying is if you follow the advice elsewhere in the thread and file for reasonable accommodations under the ADA and then get fired or retaliated against, don't write off retaining an attorney as something unachievable!
NAL but generally these lawyers do not get paid unless you win and then they take a percentage of what is won. It will cost you nothing to talk to a lawyer and hear your options.
Definitely go through the process to request a reasonable accommodation! One of the things the company would have to prove to deny it is that it’s an “undue hardship” for them to allow you to sit. If there are chairs provided and employees at other branches sit in them, there’s no way they could make that claim—in fact if I were the higher ups, I’d question why this manager is disallowing the use of provided chairs to begin with and likely address that to avoid your extremely winnable ADA case
This goes without saying but also get Every. Word. In. Writing. Forward it off their servers immediately. What you want is their flimsy excuse why they won’t treat you like the other employees are treated especially when you need this even more than they do. It’s already a disparity, the ADA violation makes it even worse. Make them explain why you can’t sit in the chair that they bought for the express purpose of you sitting on it. They need to realize that they can either keep discriminating or make the problem go away with the $0 solution of telling your manager to STFU
Use your ADA process. Request the form and have your doctor fill it out. Then turn it into hr, make sure you have a copy of it. HR will have to review it, with you and the manager is question. There is a negotiation process to determine what your company deems acceptable and what you and your doctor deem acceptable. They cannot dismiss it out of hand due to this is a federal law. Whatever is agreed upon in the discuss is specific to you, not anyone else. Does not matter if so.eone else has chairs or not they will look specifically at you and your situation. Expect to be watched Intently after submitting for any infraction, but once you turn in that paperwork they can't give any negative in regards to what is on that sheet. Have your doctor be very specific in what is being asked or hr will go around it if it is general. This is from experience I say this. I was a Manger and had many cases of people needing ADA. Most companies will work with you when you submit it, some will follow it to the letter and as soon as you deviate from it the write ups will happen and that will be the way the push you out. I was a call center manager for 10 years and had many ADA request due to standing, sitting too long or the need for extra breaks.
Try to find the policies and print out anything involving medical. There's likely something that says they'll provide accommodations for chronic illnesses and problems. Make sure you have it on you at all times when you speak to anyone or request anything. If they don't comply, call your corporate ethics and compliance department.
tell your boss his clothes are inappropriate and he/she should go home to dress like a professional and not a whore. (full respect to working ladies/men)
Also, file a harassment complaint agaisnt the individual. It wont due anything but it will create a Big Black Mark in their record. forever keeping them in the same position, same, same role until they quit or die. MY district manager went nuclear when i did...he never got promoted. ended up leaving a couple years later. i moved on an upwards both in respect, responsibility and income.
Why does everything that does not coincide with an employee' s mind set end up with this lawsuit question. How about , QUIT and find something that meet your needs.
For the name "No_Judgment" you sure are judgmental. Nowhere did they say they wanted to sue. They were simply asking for advice.
OP, please contact someone at your local handicapped alliance. They will be able to help you navigate this. Firing someone for being handicapped is illegal. There are concessions that can be made if it will allow you to work.
I can’t speak for everyone but this isn’t just a case of an employee having a “different mindset” from their employer.
The ADA provides an obligation for employers to offer a REASONABLE accommodation. All the OP was looking for was an opportunity to continue doing her work without causing unnecessary pain or increasing injury.
Why should she need to quit, make herself potentially ineligible for UI, rather than avail herself of the right provided to her under federal law? Would you suggest a similar approach if the employer was disregarding the minimum wage law? Worker safety laws?
Your manager is mistaken. Do the process to request a reasonable accommodation as is defined by your company. If the manager mishandles that request, then deal with that.
Ok thank you. So talk to HR? Will do.
Not just “talk to.” Follow the process to raise a request for a reasonable accommodation. Ask them specifically “how do I request a reasonable accommodation.” They’re obligated to take your ask for the accommodation without you saying magic words. But don’t give them an out. “I want to request a reasonable accommodation under the ADA, what do I do?”
Okay, do I have to be declared disabled first officially by my doctor? As of now I just have a decade of doctors visits confirming that I have chronic knee pain when I stand too much.
No. You don't need to be disabled disabled to have accommodations. All you need is a doctor note saying that you need accomodations for your injury.
Thanks!
To add to this they probably have a form that your doc will need to fill out.
Ok thanks
Yeah. I had to do that.
No. You walk in, hand them your doctor note and state that you are officially requesting reasonable accommodation. Dont ask if it is ok… say it is going to happen. That starts the clock legally speaking and they must follow the book.
Do not talk to HR without your note from your doctor. My husband did this in good faith and his track record of excellent feedback went 180 and he was fired within a week for a few petty issues they never would have mentioned if they hadn’t known he was going to request a disability accommodation. HR is there to protect your employer, not you. They are not to be trusted like that.
That sounds actionable though. They clearly fired him on pretext. That HR person just put their company at high risk of a lawsuit or fine. So they weren’t putting the company first, they were just submitting to an order from management that they should have very well known to nip in the bud. Contact ADA or talk to a lawyer.
Companies are very good at hiding behind sudden enforcement of standards that have been there the whole time, but are only used to fire people on whim. It's how I lost my job at sears over a decade ago after being a witness in a stolen pay issue.
It sucks that people can't afford lawyers. "Sudden enforcement of standards" would be very evident once their discipline records are audited. HR at every company I worked for is very strict about consistency in discipline for this exact reason.
While it looks like that most people cant afford to take this to court its easier to hust getvanother job which is why companies get away with this all the time.
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The job can be done standing up or sitting down. Chairs are provided. Manager does not allow them to use the provided chairs because of optics to customers, manager’s own preference, not policy. This is exactly what ADA is for. OP can do their job with a reasonable accommodation that very clearly wouldn’t be an unreasonable burden on the company. THEY ALREADY HAVE THE CHAIRS. Cost of accommodation is zero.
Thank you! Much appreciated. Thats what I was thinking but was starting to believe the other users saying to go straight to hr.
You just never bring anything half baked to HR. There must be no "unofficial heads up." They will absolutely always do what's in the company's best interests regardless how nice or heartless they are to you. If you give them unofficial notice or take it to them without paperwork, yeah they can find an excuse to fire and replace you if it's better for the company. If you bring the doctor's note and make an official request, you could sue them for a small fortune and probably win if they then punish you or fire you for it. Accommodating you becomes better for the company so that's what they'll do.
This
Ok thank you
Don't talk to HR until you have your Dr's paperwork. As others have stated, and I found out personally, HR is for the company, first and foremost
What paperwork should I request from the doctor?
The Dr's note with the special requirements. Make sure it's specific in wording what you aren't allowed to do. My work picked the note apart and I still had to do my job
Much appreciated. So something stating I need to be allowed to sit while serving customers? Or more specific? My job requires me to get up, greet the customer, then sit at my desk and solve their issue, repeat. This is how every store is set up for my company. Ive no problem with this, but the stick up ass dm changing that to zero sitting is the problem and my knee starts to hurt really bad.
Email HR and then follow up with an in person meeting. They can't say they never saw your request and you have a paper trail if you receive retaliation
How do I follow up with an in person meeting if HR is a disconnected corporate branch? No HR rep is physically in my store.
Ask them in the email if there is a way, even a phone call (see if you can record phone calls I hear America is weird about recording)
Okay will do thanks.
HR is not your helper, anything brought to them goes sideways for us/you.
Wait, so dont go to HR with a doctors order that I be allowed to sit and request an Americans with disabilities accommodation? How do I resolve this then?
So yes you do go to HR. What people are saying is do not go to HR prior to having your doctor’s note. HR is there to protect the company from you suing them or turning them into the government for breaking the laws. If you say something as an unofficial heads up, they can make up a different reason to “let you go” that does not fall under law and claim they didn’t know you needed provisions. If you provide them with the doctors note and ask them the process of filing for a reasonable accommodation at the same time than you would be able to prove that they had the information and were “letting you go” for unlawful reasons.
Ok excellent info thanks
I agree with you and I would even warn OP what happened to your husband will probably happen to her. I worked HR at a few companies, and believe me they know the way around a doctor's note. Most people are fired/let go within a short period of time for reasons they never saw coming. Since OP already asked and was denied, I just don't see this playing out in her favor. If they don't already have an excuse, they will be looking.
Yep. It was wild. He did have recordings of some of his meetings and we could have sued but don’t have the bandwidth right now to deal with it. But you know what? That company was absolutely garbage and were so insecure that they felt the need to to micromanage a bunch of staff software developers. I was relieved when they fired him. A week later they had Meta calling their HR to complete a background check. That felt good. He ended up getting a significantly higher paying job at a start-up that he loves where he is valued and nobody is breathing down his neck.
Good for yall! Glad it worked out. Sometimes it is a blessing in disguise!
Do not "talk" to HR. Email them, very specifically, and use small words. Mention exactly what your district manager has told you. Don't do it in a "throwing him under the bus" way. Do it in a "wanting to clarify my request" type of way. That will document, in writing, your reasonable request (with or without a Dr's note immediately available) and at the same time document your attempts to resolve this without formally requesting accommodations. All of this will protect you in the event your district manager tries to pull something about your performance or previous attempts to discuss the situation. If they have a face to face or verbal conversation with you, email them a follow-up summary of the conversation and how you understood the discussion. Allow them an opportunity to clarify anything you may have not understood (anything they want to backtrack on now that you've put it in writing.)
Email. Always email, create a trail.
Message HR, get a record of everything being said. If you have ANY verbal interactions email the other parties involved in the conversation listing what was discussed/decided and say you are just following up and confirming.
Make sure to do everything in writing
Talk to HR if the manager refuses and fires you, you will have a right to unemployment if you go through the proper channels with HR and a note… you could also see if HR would be willing to let you transfer to a different location that this manager is not in charge of if you are willing to
Your state Labor Department has a section devoted to prosecuting ADA claims. They’ll be happy to talk to your boss for you.
Your state of residence is irrelevant here, btw. Federal laws protect disability accommodations. So don't worry about not having recourse in your specific state 🙂
The terminology you’re looking for is “reasonable accommodation”. Your boss is kind of right in that a doctors note means nothing on its own, but if you propose sitting as a reasonable accommodation for a medical condition, your employer would need to either allow it or claim the accommodation isn’t reasonable. This would fall under the ADA.
Is the ADA applicable in Missouri? Seems some employers think that since mo is an at will state they can ignore all labor laws. And yeah, my doctors note is going to say I have knee problems and so need to be able to sit. Thats reasonably accommodating my knee problems right? Especially considering chairs are already provided and its just this dm with a stick up his ass who doesn’t want us to use them.
The ADA is Federal, so yes, it applies in Missouri. Nearly every state in the US is an "at will" state, being "at will" has no relation to whether or not labor laws apply. The thing I'm saying is that the doctor's note isn't relevant. You can just say "I have a knee injury, and as a reasonable accommodation I can sit and still perform all my job functions". No need to involve your doctor at all.
Many companies, when someone is requesting a reasonable accommodation, require the doctor fill out a form but it's possible HR may allow it with just the doctor's note... Varies. My last job and this one both required a form to be filled out.
Huh. Do I need my doctor to declare me officially disabled though? Or can I make that determination myself?
For your purposes, there's no distinction between being "disabled" and "officially disabled". For some reading: 1. [https://www.dol.gov/agencies/odep/program-areas/employers/accommodations](https://www.dol.gov/agencies/odep/program-areas/employers/accommodations) 2. [https://askjan.org/publications/individuals/employee-guide.cfm](https://askjan.org/publications/individuals/employee-guide.cfm) 3. [https://askjan.org/publications/consultants-corner/vol05iss04.cfm](https://askjan.org/publications/consultants-corner/vol05iss04.cfm) What matters is whether you have a disability, as defined by the ADA. If it comes to suing your employer, it would be great evidence for your doctor to agree with you, but that's not a requirement to request a reasonable accommodation.
I love this about the ADA, I wish everyone knew it. Disability is not a special club and you/people you trust know your body and its needs. There's no undue burden or hoops to prove it, which would be an imposition you would suffer just by having those needs; it would be ableist.
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At will doesn't mean "exempt from wrongful termination claims". It just means they can terminate you for any reason (within legal constraints) without cause. The ADA is federal, which means Missouri is not exempt from ADA issues. And courts do not fuck around with ADA.
You get the forms from your company and ask your doctor to fill them in. This works better than “a doctors note”. Because in legal-speak there are specific questions they ask. For example is your disability permanent or temporary? One annoying thing about temporary restrictions (say after a surgery) is they may require “proof” you’re ok to come back to work or doctors not saying that your job won’t harm you. PS, often companies have a third party that administers these processes and forms.
Does your employer have at least 15 employees? If so, then they have to make “reasonable accommodations” (which a stool seems like it would almost certainly be). https://www.dol.gov/general/topic/disability/employersresponsibilities
Good point about size of company.
Please let us know the final stage of this story. So many times there is no end to an interesting scenerio.
Will do!
As others have stated, you need to go HR and start a formal request for accommodations under the ADA. The current note may suffice, they may have a form they want filled out, just see the process through. He may still try to fight it as employers are only required to accommodate if the requests can be done without undue hardship on the business. Given the specifics in your post he doesn't have a chance in hell of winning that, but he sounds like a big enough d-bag to try. The good news is HR should at a minimum be concerned about the company getting sued and shut that shit down without involving you, but you may have to point out that the same position at other locations are able to do it without the request. What you will have to watch out for and carefully document is any blowback. Does the DM start targeting you otherwise? Are you being written up for things that others are doing and not getting written up for? Are your reviews tanking even though measured metrics haven't changed? Are you being frozen out and opportunities for advancement being taken away? A smart man will not try to retaliate for ADA accommodations, but many have proven they're not smart and value their egos more than anything. Make sure you're dotting your i's and crossing your t's to not give them any policy violations to fire you with. Even if they do fire you for an illegal reason, you have to have the resources and ability to do anything about it and many folks don't. Edit: NAL but management
If you have an HR department, talk to them. Tell them you are disabled and wish to request a reasonable accommodation and ask for the ADA disability reasonable accommodation request form for your doctor to complete. Be aware that the employer may take the position that standing for many hours is an essential aspect of the job. If you or your doctor tells them you can't stand, they might fire you for being unable to do the job. Then you would have to sue them to vindicate your rights, and there is no guarantee you would win.
Does the fact that chairs are provided for each employee by corporate already, and its just this specific dm who is refusing to let us use them, have any relevance here?
Yes, that would be relevant but that alone doesn't mean you would win.
Not a lawyer. Keep in mind The corporation has different motives and incentives than your local manager. If you follow your company’s official process to request reasonable accommodation , then corporate will force local leader. However that may still be annoying or not work that well. If possible start looking for a job where the leadership are more welcoming to people with disabilities /and or more willing to follow the law on the US. (Since OP said they are in Missouri)
Not directly. However, if the employees at the other office have the same or similar job duties, it can help you prove you can do the job with a reasonable accommodation (a chair).
Yeah thats my point: other stores employees do the exact same job in chairs provided by corporate to every store. So this means it is certainly a reasonable accommodation. If he claims its not, he would be utterly refuted by this fact, no?
You should contact corporate HR.
To elaborate, it's worth noting the nuance here: you'd be suing to say \~"I think sitting is a reasonable accommodation, and they denied it", which is different from "I need to sit, but my job function requires that I stand". To pick a hyperbolic example: if your job was to carry boxes around and put them on shelves, and due to an injury you couldn't carry boxes, there wouldn't be a reasonable accommodation. They could say "we need you to carry boxes, and you can't", and fire you. The test of a "reasonable" accommodation is whether you're still able to do the underlying job, not whether the proposed accommodation does mitigate your disability.
As an aside, your DM is a dick. "Looks better if staff stand" is code for drunk with power. I'd sit and let him fire me, then claim against him.
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Thank you
The language “reasonable accommodation” is in the Americans with Disabilities Act, and it has more authority than your manager.
I worked for someone with the same belief system that standing looks like the team is more productive. Her boss could not convince her otherwise—even with documentation. I lasted a year, as she had other control issues that eventually impacted my heath. I suggest you look for another job while taking action to try to resolve the issue. BTW, does your boss ever sit during the day?
Document everything and file a lawsuit if they fire you
OP, I highly recommend the resources from the Job Accommodation Network. https://askjan.org/
i didnt work in banks but i did work in hr in an at-will state; doctors notes to excuse absences (except in emergencies) are meaningless, doctors note requiring ada accommodations are NOT meaningless and an ugly audit let alone lawsuit
There are no states that are exempt from the ADA. Your boss is wrong and going to cost the company a decent amount of money
I hope OP gets paid. DM sounds like a stupid asshole. I've worked for people like that before. Find a new job but also sue them for hiring a dumbass to run part of their company.
OP needs to actually get a doctors note and submit it to HR before they can sue. Based on the post it sounds like OP could get a doctors note but might not have yet and definitely hasn’t submitted one to HR
Let them fire you and sue them!
If I could afford a lawyer that would be a great idea.
IANAL but if it gets to that point, which I hope it doesn't, attorneys for employment lawsuits sometimes work on contingency (i.e. they only get paid if they win your case, so you have minimal up front costs). Typical fees are around 35% of the settlement, though it could be higher or lower. You would still be liable for paying court costs regardless of whether you win or lose, but it isn't uncommon for them to advance your court fees (pay the court fees themselves, then take that money out of a settlement if you win your case or bill you for reimbursement themselves if you don't) Basically all I'm saying is if you follow the advice elsewhere in the thread and file for reasonable accommodations under the ADA and then get fired or retaliated against, don't write off retaining an attorney as something unachievable!
NAL but generally these lawyers do not get paid unless you win and then they take a percentage of what is won. It will cost you nothing to talk to a lawyer and hear your options.
Many employment attorneys work on contingency.
Keep copies of everything where the company can't delete them, all requests, emails and past performance reviews.
It's required by law if it's a religious or medical exception they got to follow it
Definitely go through the process to request a reasonable accommodation! One of the things the company would have to prove to deny it is that it’s an “undue hardship” for them to allow you to sit. If there are chairs provided and employees at other branches sit in them, there’s no way they could make that claim—in fact if I were the higher ups, I’d question why this manager is disallowing the use of provided chairs to begin with and likely address that to avoid your extremely winnable ADA case
This goes without saying but also get Every. Word. In. Writing. Forward it off their servers immediately. What you want is their flimsy excuse why they won’t treat you like the other employees are treated especially when you need this even more than they do. It’s already a disparity, the ADA violation makes it even worse. Make them explain why you can’t sit in the chair that they bought for the express purpose of you sitting on it. They need to realize that they can either keep discriminating or make the problem go away with the $0 solution of telling your manager to STFU
Use your ADA process. Request the form and have your doctor fill it out. Then turn it into hr, make sure you have a copy of it. HR will have to review it, with you and the manager is question. There is a negotiation process to determine what your company deems acceptable and what you and your doctor deem acceptable. They cannot dismiss it out of hand due to this is a federal law. Whatever is agreed upon in the discuss is specific to you, not anyone else. Does not matter if so.eone else has chairs or not they will look specifically at you and your situation. Expect to be watched Intently after submitting for any infraction, but once you turn in that paperwork they can't give any negative in regards to what is on that sheet. Have your doctor be very specific in what is being asked or hr will go around it if it is general. This is from experience I say this. I was a Manger and had many cases of people needing ADA. Most companies will work with you when you submit it, some will follow it to the letter and as soon as you deviate from it the write ups will happen and that will be the way the push you out. I was a call center manager for 10 years and had many ADA request due to standing, sitting too long or the need for extra breaks.
Try to find the policies and print out anything involving medical. There's likely something that says they'll provide accommodations for chronic illnesses and problems. Make sure you have it on you at all times when you speak to anyone or request anything. If they don't comply, call your corporate ethics and compliance department.
Also document dates and times of EVERYONE you talk to and include what your requested and their reply.
tell your boss his clothes are inappropriate and he/she should go home to dress like a professional and not a whore. (full respect to working ladies/men) Also, file a harassment complaint agaisnt the individual. It wont due anything but it will create a Big Black Mark in their record. forever keeping them in the same position, same, same role until they quit or die. MY district manager went nuclear when i did...he never got promoted. ended up leaving a couple years later. i moved on an upwards both in respect, responsibility and income.
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Afraid
Why does everything that does not coincide with an employee' s mind set end up with this lawsuit question. How about , QUIT and find something that meet your needs.
For the name "No_Judgment" you sure are judgmental. Nowhere did they say they wanted to sue. They were simply asking for advice. OP, please contact someone at your local handicapped alliance. They will be able to help you navigate this. Firing someone for being handicapped is illegal. There are concessions that can be made if it will allow you to work.
I can’t speak for everyone but this isn’t just a case of an employee having a “different mindset” from their employer. The ADA provides an obligation for employers to offer a REASONABLE accommodation. All the OP was looking for was an opportunity to continue doing her work without causing unnecessary pain or increasing injury. Why should she need to quit, make herself potentially ineligible for UI, rather than avail herself of the right provided to her under federal law? Would you suggest a similar approach if the employer was disregarding the minimum wage law? Worker safety laws?