Last month as I was getting about halfway through my probationary period, I was called and asked to change department from overnight grocery to produce, being told it was because "there weren't enough hours to give me in that department"
a few days later, the manager told me that the real reason I was moved is because I wasn't working fast enough, and I still wasn't, and if I didn't improve in two weeks, they'd have to let me go. (though it seems like they moved me to a faster department, and nobody in the store even knew about it when I showed up for my first shift, so I feel like they set me up to fail) A few days later, I decided to disclose with them that I have Aspergers Syndrome and might perfo better with accommodation. After that, I was scheduled the next two days off and when I came back, I was sent to the office and told that I was being let go. I mentioned that the manager (who had just started his vacation) told me I had two weeks and they insisted it had been two weeks (I had worked in that dept six days from first to last shift, and eight days if you counted when I was let go) I then asked if my disability had been taken into account and was cut off mid-sentence, being told they couldn't discuss it and that it would have had no impact on the job, and that they didn't do accommodations for anybody, which I'm fairly sure is a major violation of the ADA. The one thing that I think might work in their defense is that it was coming close to the end of my probationary period, though I was already scheduled the next two days, and I believe I had only been there 28 days when they let me go, which leads me to believe that the disability triggeted an early dismissal.
Last month as I was getting about halfway through my probationary period, I was called and asked to change department from overnight grocery to produce, being told it was because "there weren't enough hours to give me in that department"
a few days later, the manager told me that the real reason I was moved is because I wasn't working fast enough, and I still wasn't, and if I didn't improve in two weeks, they'd have to let me go. (though it seems like they moved me to a faster department, and nobody in the store even knew about it when I showed up for my first shift, so I feel like they set me up to fail) A few days later, I decided to disclose with them that I have Aspergers Syndrome and might perfo better with accommodation. After that, I was scheduled the next two days off and when I came back, I was sent to the office and told that I was being let go. I mentioned that the manager (who had just started his vacation) told me I had two weeks and they insisted it had been two weeks (I had worked in that dept six days from first to last shift, and eight days if you counted when I was let go) I then asked if my disability had been taken into account and was cut off mid-sentence, being told they couldn't discuss it and that it would have had no impact on the job, and that they didn't do accommodations for anybody, which I'm fairly sure is a major violation of the ADA. The one thing that I think might work in their defense is that it was coming close to the end of my probationary period, though I was already scheduled the next two days, and I believe I had only been there 28 days when they let me go, which leads me to believe that the disability triggeted an early dismissal.
WELCOME TO KROGER. If you had left that statement in and not mentioned your department I would have thought you were a cashier, and not just in Front End either (although by default I probably would have chosen Front End since they are pressured so much for ELMS).
If you disclosed to them you have Aspergers Syndrome, there might be something in there for you through the ADA as you mentioned, also possibly the EOE. Heck I don't know, maybe I'm just mouthing off. But I would think that if you could prove a legitimate disability that it would make things more difficult for them to claim in speed. By that thinking Kroger would not have any so-called "special needs" people working for them anywhere in any of their stores or retail chains.
Were you able to join the union? Granted, this union SUCKS. Sucks big time. They're nearly worthless to us employees. But they at least can put pressure where pressure needs to be put. If you weren't able to join the union, you could consult a lawyer for pro-bono advice. But, in my opinion, while it's sad you lost your job, this sort of behavior is the reason why people should not work for Kroger in the first place. However, officially, I think you should at least ask or check around, that way you don't have to come back years or months later and wonder if you did the right thing or not.
if I had to pay Union fees, does that mean I was in it? Otherwis, I don't think I was.
I'm really surprised they dealt with me this way. They seem to have a sterling reputation as an employer with everybody I know who works there, and I see people much more inept than myself hold down jobs there. Hell, there's a bagger at THIS Kroger who brushed past my mother once before I worked there, stood around talking while customers were waiting for him to bag their groceries, and I even saw him brush past another customer the week before I was let go. I believe he still works there.
The one thimg that stands out about my dismissal is how HR seemed so determined to avoid discussing my disability and even said that the weren't required to accommodate it. I mean, that juat seems like such an obviously wrong answer, that I might not even suspect foul play in the slightest if not for that.
Also the entire thing happened a few days shy of a month ago and I'm still figuring out how to respond to them legally, would there be any sort of time limit on when I can pursue action against them?
Some states actually require you to be in the union to get the job. Which is pretty damned stupid.
In Georgia, we have it optional. I only joined because...well I just joined, I guess. Figured I had nothing to lose.
Which was right, since the union seems to give nothing or do nothing for us as employees.
If you had to pay union fees as part of joining Kroger, you are probably in the union.
You can find out the shop steward at your store and check.
Don't worry about your HR Department -- Kroger sadly does not attract the best persons for their inner store circles.
You have read about my Front End Manager and I have also written about my HR person.
She is the one who holds the key to the closet with the clothing.
She is the one who has not provided a second shirt to me in the ten months of my employment.
She is the one who got in my face after the store manager, HER boss, went to her about my needing a second shirt.
She is the one who told me that they were 'back ordered' or 'back logged' whatever phrase she used, and said she would let me know when they were in.
She is the one providing new shirts to new employees yet two months ago when she told me that she has not come to me or asked for me once.
This is sadly how Kroger works, the best people don't last long (not calling myself the best, just saying...) because they aren't treated well or learn quickly that the ways of Kroger are not the best ways to work, yet those who stick it out and climb the management ladder are the ones that are the idiots or the jerks or the morons. Not all of them, just most. I still think you might have something but I would again find out if you are union, and if you are, contact the steward, get his or her thoughts, also follow up with a lawyer off-the-record or pro-bono advice to see what he or she says. If you openly came out as a disability but provided no paperwork to prove it you will probably have trouble. The thing with Kroger is you need EVERYTHING in writing. When I was written up, I refused to sign it. But it's still in my file. In writing. Even though I did not sign it. Because Kroger requires everything in writing and won't lift a finger to do anything unless it is signed in triplicate, sent in, sent back, queried, lost, found, subjected to public inquiry, lost again, and finally buried in soft peat for three months and recycled as firelighters.
You are welcome for the Hitchhiker's Guide reference, by the way.
Your uniform story reminds me, when I started out, my HR person also told me that they were out of pants my size and would have to back order them, and also gave me two shirts that barely fit, telling me to "just wear any pair of black pants until they get me a uniform pair" saying she'd give me a pair when they came in. I also decided to wear the shirt I wore as A Kmart employee, since it fit better and the only differenice is that it was slightly brighter.
when she came in two hours after the start of my first shift, she bitched me out for "just standing around" and the Produce lead even told her that was all I was told to do since nobody knew wtf was going on, but then she just made an excuse for why I was still doing it wrong, and bitched me out over my uniform. The slightly different shirt is fair enough I guess, even though no customer in a million years would notice it among the dozen different "official" variants other employees wear. But then I reminded her what she told me about the pants, and rather than admit "oh yeah then I guess you had no other choice" she continued her outrage and took me back to get a uniform that fit, which they totally had in stock, despite her saying she would let me know when my size came in.
As far as proving my disability goes, all I have is a 20-minute call on record with the store. From a legal standpoint I think that would prove I made an attempt to get help and that they denied it (I would understand if they asked for "proof" but they didn't)
when you were hired, there is a disclosure form so kroger can see if they can get a tax benefit for having hired you. if you didn't disclose your aspergers there then I don't really see where you go from there.
i would just suck it up, apply to another kroger or elsewhere. they can fire you for any reason or no reason at all during your probationary period.
hiding behind aspergers now is not going to win you anything.
I think I remember that form, but it didn't ask what disability I had, just whether or not I had received benefits for it in the past so many months, and I hadn't, but I did disclose that I had "a" disability, but there was no option to say what.
Also the other people in night crew were completely arrogant jackasses, their main complaint was that I didn't condition enough aisles before the store opened, but would always that I only conditioned one aisle even if it was two or three, and everything still got done with upwards of half an hour before we were scheduled to leave, for the sake of being busy I would begin to condition items that apparently weren't our responsibility, I would be told to stop doing that but not given anything else to do. When trying to show me where to leave flatbeds in aisles, one guy was standing at the end of an aisle pointing, as if saying "there" would tell me where the best aisle to leave it would be.
-- Edited by Marethyu on Saturday 13th of December 2014 05:49:26 AM
I think I remember that form, but it didn't ask what disability I had, just whether or not I had received benefits for it in the past so many months, and I hadn't, but I did disclose that I had "a" disability, but there was no option to say what.
-- Edited by Marethyu on Saturday 13th of December 2014 05:49:26 AM
Exactly. The question about disabilities is ambiguous. They ask if you have one, but don't ask what one (which legally I don't think they can ask due to confidentiality purposes unless you disclose it). If they let you go on account of your disability, you can get them for that since it is an ADA violation. Even so, equipped with that piece of information (and if they do their research, they would know that people on the autism spectrum would need accommodation), they should've given a little more time.
Yeah, sounds like a bunch of jerks. Count it as a blessing that you got away from them early. I don't get why they couldn't have given you at least the full 90 days to see if you would improve -- like really? Firing an innocent employee right before Christmas? Seems like they are only hurting themselves.
From my understanding their probationary period at this location is only 30 days, but even then, I'm almost positive they dropped me on the 28th when I was already scheduled the next two days, and switching my job towards the end only made it less likely that I'd perform well.
I do consider myself fortunate not to deal with them anymore, but that certainly shouldn't absolve them of their foul play. It'd be like having two wrongs both from the same party making a right.
The ADA protects you from discrimination in all employment practices, including: job application procedures, hiring, firing, training, pay, promotion, benefits, and leave. You also have a right to be free from harassment because of your disability, and an employer may not fire or discipline you for asserting your rights under the ADA. Most importantly, you have a right to request a reasonable accommodation for the hiring process and on the job.-- http://www.ada.gov/workta.htm
