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Haley was fired after mentioning diabetes!!

Discussion in 'Parents of Children with Type 1' started by BRANDYB, Sep 18, 2012.

  1. BRANDYB

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    Ok. I have not been on here in a really long time but I need help and ideas on what to do in this situation. Haley is 15 and found her first job. She was hired at Brusters. She has been so excited finding her own job and making her own money. Long story short..they hired her, she did online training, passed it, went in to talk to manager about her hours, he wanted her to start that day but we did not have a uniform. He told us to go by black pants and start tomorrow. She asked me if she should mention diabetes and I told her no. Well she felt like she should mention it. She was scared she would go low and he would not know what was going on. Anyways, told him. He was fine with it. We left to go to the mall to get pants and about 30 minutes later he calls her saying he does not need her now. He said the hours did not work. Now the hours worked when he didnt know about the diabetes. Now they dont work? She is brokenhearted. What should I do? Do we have a case for a discrimination lawsuit? Is this how her life is going to be? I am just sick with this. D sucks.
     
    Last edited: Sep 18, 2012
  2. Dan

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    I am a Sr. Manager for a large retail chain and have never come accross a situation like yours. I think if she already finished the entire hiring process you may have a case. I will check with our employee relations department for you and let you know what I find out later today.

    Either way it is just wrong.
     
  3. selketine

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  4. Brensdad

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    It's highly unlikely that this front-line manager even knows that what he just did was illegal. I would escalate this as calmly as possible to his superior. This is clearly illegal.
     
  5. Brensdad

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    And if that doesn't work, then the DOC takes over:

    https://www.facebook.com/BrustersRealIceCream
     
  6. pianoplayer4

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    YES! op, please keep us updated! this is just wrong, and people should to think before they let misconceptions scare them away!
     
  7. Noah'sMama

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    this makes me so angry for her! Please let us know what happens. My Mama Bear instincts are all worked up now.
     
  8. mocha

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    This stinks of something majorly illegal. Depending on how forgiving you are, you can either try and explain to the employer that this is illegal and give them a second chance, or you can call the ADA and ask them for help.
     
  9. Christopher

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    I agree with Carol, you need to find out some more facts. Since she never in fact worked there, it may be hard to prove they "fired" her because of her diabetes. Regardless, I believe Georgia, similar to Illinois, is a "employment-at-will" state. This means an employer/employee may terminate the relationship at any time without reason or cause. So even if they did let her go because of the diabetes, they are probably never going to admit to that and you will have a tough time proving it.

    Sorry your daughter is dealing with this, but for what it is worth I think she did the right thing by informing them she has diabetes.
     
    Last edited: Sep 18, 2012
  10. Helenmomofsporty13yearold

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    I am sorry she had to experience this, but would Haley be happy working for this jerk even if the issue were to be resolved? She is obviously employable, so I would take her enthusiasm to another lucky employer who will benefit from the jerk's ignorance.
     
  11. Dan

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    My HR rep said this was illegal but it would be difficult to prove. First issue is establishing if she was hired. Did she get any documentation? an I-9 form, W2 withholding forms, Welcome documents, name badge?

    Second you would need to establish the time line for when Haley had the conversation about her diabetes...followed by phone records of when he placed the call to her stating that she was no longer needed.

    Basically my HR people said get a lawyer.

    Either way the guy is a jerk.
     
  12. denise3099

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    Please don't take this lying down. Your daughter needs to learn now how to advocate for herself in the real world. YOu have 2 options. 1 is to go up the cahin of command. Speak to the guy's boss or their HR or corporate headquarters and explain what happened and that discriminating against your daughter this way is illegal. She may get the job back. The guy may still be a jerk and give her a hard time or he may have come to his senses (unlikely) and realize he made a mistake. 2 is to lawyer up, now or when HR does nothing. See an attorney. You can't let her rights get trampled, if only b/c it will be a bad example. Go through the ADA and get a lawyer.
     
  13. blufickle

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    What happened to your daughter really does suck. I am sorry it happened. BUT let me tell you I have told everyone I worked for that I have juvenile onset diabetes and not a one of them had a problem with it. Most of my supervisors wanted to know what to look for if I got low or high.
     
  14. MTMomma

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    Just wanted to say I'd be proud of her for being brave and telling the employer up front. Sorry to hear about what happened. Our CWD seem to have to go through so much. They learn so many life lessons in a short time. It's heartbreaking when they come up roadblocks. Darn it. Maybe that wasn't going to be a good employer in the long run. It hurts though. Hope she finds something else....something better...and that they value her for her honesty.
     
  15. Darryl

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    I believe this is true to the extent that the cause is not discrimination. In this situation discrimination seems fairly evident.

    I would gather all documentation as to the actual hiring, and escalate to the company's HR department.
     
  16. GaPeach

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  17. obtainedmist

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    Her whole life does not have to be like that! :) Our daughter has had wonderfully supportive employers while disclosing T1. So sorry it happened!
     
  18. BRANDYB

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    Thank everyone so much for responding. I have had to work and have not had a chance to log on. All the documentation I have for her is her is the training she had to do on the computer. She filled out paper work at the shop but I sat in the car. She wanted to do all of this by herself. I just want him to know what he did was wrong. I am sure he can get away with it but he will know that he has really goofed up here and I will spread the word on his actions. Georgia is a state that can fire for any reason. I am proud of her for telling him and not being ashamed. She is a strong young lady that I love and respect. I actually ordered my sons bday cake from this same place over the summer. This dude told me that him and his wife just bought this franchise. They are really young. I just hate that this happen to her. Or for anyone else that has went through something like this. Thanks again!
     
  19. Flutterby

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    They can fire for any reason EXCEPT they can't discriminate, and thats what they did here. Don't let this go.
     
  20. Danielle2008

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    Good for on your daughter for being upfront....what a shame on the business. Her next experience should be much better...this situation seems to thankfully be the minority. Makes me think of a young teenager my father hired for our restaurant. She is hard of hearing(has those implantable hearing aids), but can do the job well....he went as far as purchasing the phone she requires to be able to answer it at work. I'm very sorry your daughter's first experience went like this.
     

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