I live in NC. I think I have a case of discrimination due to disability
I live in NC. I am on intermittent FMLA. Right now I use crutches/wheelchair. My job title is being eliminated. I cant prove it, but most likely to rid them of those of us disabled in the position I was told by store manager if at the end of the 60 day period I was not back on my feet I'd have to take a LOA or severance. I have to wait to see specialist to determine length of disability until foot ulcer heals. I go to a wound center weekly right now. It's a charity care foot specialist bc I have no insurance. So he wont see me til ulcer heals in case they choose to put it in cast. I could need offloading of foot for up to a year. IS it possible foot doc could attribute charots foot to being on feet so long? ( last job , i had was as Work at home for pay pal) I sooo want disability being I have sleep study diagnosed hypersomnia, uncontrolled diabetes, a laundry list of spinal issues ( i see a pain doc for back issues and free clinic for diabetes meds/they also take care of light family doc stuff too)
But I really cant afford NOT to work either. Doc said should be no issues on approval first go round after applying.
There are a few jobs I feel I could do, and I have filled in for them before to help out, but she CLEARLY stated in front of others, she Was Not putting me anywhere unless I was not needing the crutches/wheelchair.
I and the other witness clearly took it as she would not give me the position if one opened up even if qualified.
There are cashier positions open. I saw where a guy in wheelchair won 300thousand, the same employer refused him a cashier/door greeter position. EEOC won claim bc they stated it WAS a reasonable accommodation for another employee or front end CSM to help lift heavy objects.
So why cant i?
Omg she hates me. I'm the Only one she makes wash windows. She sent the asst. Manager, I watched her, to me where he said" Mrs aljeana wants the door greeters to wash the front doors regularly, so get it done". I took pictures of how black and dirty they were before I cleaned them (2ndary door,/pharmacy doors). Clearly they hadn't been cleaned in months. I washed them bc i was told to. The other Non disabled greeter who was stationed on other door (same day/same time/main door) was NOT approached and told the same thing.
Now today, I come in as same guy who I just mentioned was clocking out from his shift, I then took over his station of the day,..( the main door), the doors that he was stationed on day I under managements orders ,
cleaned the other, pharmacy doors.
It had rained so floor was slippery and crutches were slipping. Vision me on crutches, rainy day, paper towels
In one hand, windex in other trying not to fall while trying to hold crutches too and not fall on bad foot, with doors opening and closing non stop. I have standing as a doc restriction as well as wheelchair accommodation (charot foot, blood clot, open diabetic ulcer). Im not suppose to be trying to wash windows on crutches or chair. ITS NOT AN ESSENTIAL FUNCTION. It's reasonable that maintenance,
Cart pushers or 3other greeters could have done it. But shes not asked any others to do it. I have my fellow associates recorded admitting she didn't ask them. I have new cart pusher recorded. In her emploment over the last 2 months no one else has washed them, tax guy at booth hasnt either. I take care of trash can in front by carts, I pull excess stock forward in displays by door, I keep floors clear, pull rugs that "walk" into the automatic doors. The tax guy verifies I do these things, other greeters do not. AT ALL.
I am tortured by a csm that I had reported for announcing my medical information to all to hear and made it clear she was pissed over my parking accommodation. And gave reasons (w/o knowing all health issues) why I shouldn't have one. Pure retaliation.
Tonight I fell over pallet jack and rolling table left Dead in front of doors where I clock in and out of. The manager humiliated me in front of front end for filing a incident report. He was rolling his eyes, sighing loudly, pacing back and forth slinging attitude. ( forgive me but theres no other way to paint the way he was acting),.pacing turning 360 on a dime,..with one hand on the phone to his ear to main manager, and the other hand on his hip then intermittently throwing his hand in the air, then he'd glare at me, and start shaking his head. and he walks and throws himself like a runway model...yes if your thinking hes eccentric, you've hit nail on the head. I have a csm that was there and a cashier voice recorded, stating how out of line he was. Then while filling out paperwork he kept saying "I dont understand how you hurt your neck" over and over. I am afraid to go to doctor now .
I came into produce room to clock in. Like others can/do.
[They then banned me from clicking in there...but other employees can? It's so much easier there. Faster access to time clock. It's on a shorter table. To use other clock I must 1. Come in 5 to 10 min earlier to pull my wheelchair out of cart room..they are BEHIND the electric carts and behind the multi children carriages in a small narrow area, so its HARD to get chair out bc I have to move all those out of way. About killing myself on crutches I have been tripped up trying to access my accommodation. Or 2. Go to time clock at podium in front end down past registers. I hate using crutches on our floor. I have come down on my bad foot to break a fall for over 20 times bc my crutches slip out from under me. I do the "bambi" maneuver. Is that legal to deny me usage of that time clock and not the other employees? Or due to the fact IT WAS NOT I THAT DID NOT FOLLOW OUR SAFTEY PROCEDURES? ],;
Pallet jack right there. So I "danced" over the slider pieces trying Not to fall forward into the neck of the jack(the handle part). Then I tried to turn left and catch myself instinctively to protect bad leg/foot. There was a two tier, rolling, stainless steel table/cart right next to it. I tried catching myself, instead of falling ON it, but instead came down on table, one hand flat on table other hand going for handle. I was in a twist motion and it rolled. That's how I pulled back/neck muscles on left side and made right leg/foot hurt worse. The kid working produce admitted to me he was sorry for leaving it there. Because I flew out of produce room ( adrenaline fueled,) and took him aside to mention what happened and reminded him of palletjack saftey, mentioning how he'd been in so much trouble if the store manager had seen it. The asst. Manager had me fill out incident report (150 character only) then pulled produce kid into produce room AWAY from me for his side of report. Bet he had more than 150 characters, lol. I have no idea what report says.
Do I have a case? For not putting me in another position? Will going to ER help it look like retaliation as well?
Thank you
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