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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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My mother works grocery store chain. She is in her

Customer Question

My mother works for a grocery store chain. She is in her 60's, a diabetic, and just got transferred to a store that requires a 2 hour commute. Her Store Director is fully aware of this, and the fact she has no help in the department she manages. The store
director will only hire completely unreliable people who just stop showing up because of this. She barely has time for lunch, and with diabetics, a certain schedule of eating along with medicine Is vital to maintain her blood sugar and everything else related.
The store director is aware of all of this. Here's the wrinkle, her Store Director has been unhappy with her department, fully aware of the staffing situation. She just threatened my mother to work every weekend at nights (it's a bake shop, you have to stay
to the wee hours of the morning after already working the day.) "as a punishment". Those were her words, a direct threat. The company is doing what it does to all their older employees too much, they make their situations as difficult as possible to get you
to quit before reaching full retirement. This "punishment" would put my mother's health in serious jeopardy, and like I said, she is fully aware. She is also fully aware she has a daughter (me) who is on disability and requires help, so she is essentially
threatening my health as well for a "punishment"? Is that even legal?! To actually threaten a punishment designed to force her out due to her personal health concerns? Please, I am so scared for her right now, I can already see her looking and feeling worse.
Considering the punishment was designed specifically to put her health in jeapordy, that's a pretty cruel and unusual punishment for someone who is not even in jail! Please tell me if I would have any legal recourse, or is this is actually legal for her store
director to get away with? That basically boils down to threatening her life! Is this possibly even age discrimination? She's worked there for over 30 years, and nothing like this has ever happened with previous store directors.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 2 years ago.
I hope all is well...this is the same expert. I responded to your first question posted. Did you get that response?
Customer: replied 2 years ago.
No, I didn't...
Customer: replied 2 years ago.
I'll check my email...
Expert:  Delta-Lawyer replied 2 years ago.
There may be a legal course of action here for your mother against the supervisor and grocery store based on the situation that you have described. I assume that the supervisor and store are aware of her medical condition. As such, they have to make reasonable accommodations for her relative to her conditions. Even though they are allowed to discipline employees, that discipline must still accommodate a person's disability. If it does not, then the employer is in violation of your mother's ADA rights. Moreover, the threats made seem to tacitly indicate a violation of the rights in knowing fashion by the employer. Your mother needs to kindly remind them that she cannot do this due to her disability and the threat to her health. If they force the issue anyway, then she has documented proof of disability based discrimination (she arguably already has that without making them aware again, but this really drives that fact home). She can file a complaint against the employer through the EEOC for disability discrimination. They will investigate and if they find merit, will allow her to sue in federal court for damages. Moreover, after filing the EEOC complaint, if the employer retaliates in any way, your mother will have a cause of action for retaliation, even if the discrimination claim goes nowhere. So, she is protected in that way. I highly recommend taking this approach to protect your mother. She also needs to look into disability retirement routes as well to see if that is a viable option for her. Let me know if there are any other questions. Please also rate my answer positively as well. Best wishes to you and your mother moving forward!
Expert:  Delta-Lawyer replied 2 years ago.
I cut and paste it here now for you. Let me know if you have any questions. Otherwise, please rate my answer positively. Thanks
Customer: replied 2 years ago.
Thank you very much, that was very helpful and fast!
Expert:  Delta-Lawyer replied 2 years ago.
My pleasure. Let me know if you guys need anything else. Please also rate my answer positively so that I can receive credit for my work. Thank You and Best Wishes!
Expert:  Delta-Lawyer replied 2 years ago.
Sorry to bother, but a rating of 4 or 5 stars will allow me to receive credit for work. Sometimes that is misunderstood through no fault of the client/customer. Thanks