|
|
| *Ostroff, Fair and Company>>>Law & Legal |
Being treated fairly and with respect at work? |
I have an old knee injury that flares up every now and then, and as a waitress, it happens alot. I recently called into work saying I could not work, and I got treated very rudely. I came in with a doctors not, and I got more rudeness. I went in today to get next weeks schedule, and to find out if there was anyway I could not work tomorrow as scheduled, and once again I got treated unfairly. All this rudeness is from one manager, and she's just the assistant manager. What actions should I take? Should I quit and get on welfare (HAHA)? Just call in tomorrow? Call corprate or talk to another manager? I am currently searching for a new job, I am more concerned right now about not going to work tomorrow. The doctors have given me a full leg brace to keep my leg straight, and I have to wear it till next week.... the manager I keep having to deal with does not care. My shift tomorrow is a short shift, I would not be missed, and business would carry on as usual without me Unfortunately, ther eis no law against a manager who is nasty and rude. There is, however, a law which prevents employees from being treated poorly on account of their own illness - in fact, there are several: -Family Medical Leave Act (FMLA) - depending on the size of your company, you may qualify to take up to 12 weeks of unpaid time off on an intermittent or continuous basis. -Americans with Disabilities Act: This prohibits employers from discriminating against employees who are disabled, temporarily or permanently. However, you must be able to perform the "essential functions" of the job. it would seem to me that a couple of days off would be a reasonable accommodation for an employer to make on behalf of a temporarily disabled employee. Last but not least - Worker's Compensation: Although your knee injury did not occur at work, your working conditions are making the condition worse because you are being required to work when the knee is inflamed. The employer can sustain some liability for exacerbating a condition even if it was not caused at the work site. Consult with an employment attorney in your area to see what recourse you might have here. Good luck! You need to make this decision for yourself. I wouldn't pay any attention to the assistant manager, she/he doesn't really have the final say. If it would make you feel better, I would call the owner and let them know you are having this problem with your leg and will not be able to work tomorrow. Speak with the Assistant Manager on how you feel the way you're being treated. She may have personal problems at home, at work so try to understand. Ask her if she could recommend you another task besides waitressing until our leg has fully recovered. Don't think I'm unsympathetic but, unless this is a very big restaurant with a lot of waitresses on the floor at one time, your injury is actually hurting their ability to do business. It's not your fault, but it's not theirs either. You need to consider whether or not this line of work suits you. Would the doctor excuse you from working during that time considering you would have to be on you feet all day? If so, get a doctor's note again. If you're looking for a new job for other reasons I wouldn't do anything more. You don't want to make things worse if it's only a short time. If you're looking for a job because of this managers actions only, then I would talk to somebody above her. Good luck! Having a knee injury like that, you probably shouldn't have become a waitress. If you can go in WITH the brace on tomorrow and work your shift. Take orders and assist with areas that require less pressure on your knee. (i.e. have someone else bring your food) and then they may even ask you to go home. I would also talk to another manager, or the restaurant manager and see what they want you to do. |
| Tags |
| Corporations Other - Careers & Employment Technology Marketing & Sales Law & Legal Health Care Government & Non-Profit Food Service Financial Services Administrative and Office Support |
Finance Categories--Copyright/IP Policy--Contact Webmaster |