Is this discrimination?

I'm 55 year old female who was hired at a local convenience gas station. Upon hire I said my availability was Monday Wednesday Friday. After working a week I asked if I could sit down once in awhile ( I have arthritis and bakers cysts) and was told I need a doctor's note to do so. When a younger girl was in a car accident she was given a chair at the register. I got a doctor's note to be able to sit down when needed and was told I have to sit in the back room.

On Sunday she still hadn't posted the schedule for the week (I'm in NY) and I was told you know your hours for Monday you'll get the rest of your schedule then.

I will be moving in 30 days and have been asking my manager about being transferred to another location. She has been blowing me off saying I don't know if they have room, I'm not sure if they're the same company, I don't have time for this. So today May 29th I asked her again in front of two other co-workers can we please figure out who I need to talk to in order to be transferred to another store because I'm moving. She again gave me some vague answers and said we have to see if that store can take you and then we have to see if I can cover your shift here. And besides I know the manager there and I don't think she's going to want you because you have limited hours and you have to sit down. Let's not worry about this now you have time.
I feel targeted by her in other ways as well. There were two employees at the register and I asked them do you need me to stay up here and cash or can I go make coffee? The boy said no that's fine go make coffee which I did. While making coffee I began a conversation with a customer. After a while I heard someone saying hello hello hello hello repeatedly directed toward me because there was a customer at the register and I was expected to go back up and cash. Instead of calling my name and saying you have a customer.

Then my manager told us that she told another employee that we don't like working with her. I said why are you starting s*** I never said that, that's just going to cause problems. To which she said oh I'm sorry I didn't know you didn't say that I will tell her you didn't say that. I own up to that.

It's a ridiculous unprofessional immature work environment.

Any suggestions?

Sent from my LM-G710VM using Tapatalk

Most of this is interpersonal stuff but I'm gathering your point is finding out about the transfer (if that's even possible - could be owned by someone else if this is a franchise business). Have you contacted the other store to find out from them:

- Whether they need someone who can work your hours
- Is a transfer possible and how is that done?

That's where I'd start. It may turn out that a transfer isn't even possible, in which case you'd end up leaving 1 job and going to another.

The rest of it is for you to decide whether you're being discriminated against. Your conditions are chronic, whereas the car accident person was an acute thing and I assume time-limited. I have no idea. Your hours/days ARE limited, so that's not a discriminatory statement Why hasn't your doctor recommended aspirating the cysts behind the knees? That would help you.

Yes good idea. I should call the other store myself to see if they even need an extra person. The thing is I'm also applying for other jobs that are less taxing on my body.

You do bring up a good point. The car accident was acute and my condition is chronic. How I felt discriminated though was her telling me that they wouldn't want me due to my conditions. I didn't feel that was her place to say. And how could someone not want me, meaning discriminate against me due to my conditions?

That does sound like interpersonal problems with her talking behind other employees back kind of pinning us against one another.

As far as getting my cyst drained I will be seeing my doctor later next month. They swell very bad when I'm standing for a long time. But then when I rest them the swelling goes down which is why I got the doctor's note.
Good advice. Thank you

Fyi the other stores number isn't working-go figure

Sent from my LM-G710VM using Tapatalk

And just so I can be clear:
The fact that my manager said she knows the other store's manager and that she wouldn't want me based on my disabilities would not be considered discrimination?

Sent from my LM-G710VM using Tapatalk

She didn’t say they wouldn’t want you because of disability. She said because of limited hours

If they want someone working full time or a lot of hours or specific hours, then you might be a bad fit. Some people incorrectly assume or misunderstand that having disability means every work place must provide every accommodation you ask for etc Accommodations have to be reasonable. If I want to be a truck driver but want to be able to do the job laying down, they won’t hire me. You can’t do it laying down.

Having disagreements with co workers or management doesn’t fall into discrimination.

Why were you making coffee during work hours? Is this part of the task you are assigned? Do they want you to still keep an eye on the register?

There’s no way stores have non working numbers. How do they function? How far is this store? Maybe you can drive up?

Have you considered jobs that are not on
your feet?

So I only took this job because I needed something in a hurry and she pretty much hired me on the spot knowing I was limited in my days. Due to my disability. I also have a doctor's note due to my disability stating I need to sit down occasionally.

So essentially yes she is saying the new manager will not take me due to my restrictive hours and needing to sit down occasionally which is due to my disability. I can work a full 8 hour shift but just need to sit down once in awhile. So her telling me she knows that manager and she won't hire me because of those two facts sounds to me like discrimination. This type of job is open 24 hours so they have all types of schedules for varying people. One guy only works two days a week

I was making coffee because that is part of my job. I was actually breaking it down which means washing and putting away four containers. There were 2 other associates at the register and I specifically said do you need me to stay up here or should I go break down coffee? I was told to go break down coffee. The fact that I was talking to a customer shouldn't have been an issue. It's not like I was talking for an hour. People go take cigarette breaks for 20 minutes or more and I don't smoke so I don't really see the issue why I was singled out and yelled at hello hello hello! When there was two other able-bodied associates behind the register.

I didn't plan on staying here very long and the other store I wanted to transfer to is not as busy and doesn't have the gas station portion.
Since everyone at that location from the manager on down walked out they are trying to get people to work there. So it seems to me they would be desperate to hire people who can work any schedule. The entire staff is gone and they are slowly but surely hiring new people.

And absolutely if the shift that I'm available is full by now that's fine. But how do I know?The fact of the matter is my manager wouldn't even ask the other store or give me directions on how to transfer or a number so I could speak to someone to see if that shift is full. She just told me straight out that they aren't going to want me. She didn't talk to anyone she didn't inform me of how to proceed nothing. And when you are trying to hire all new people for a 24-hour store I kind of figured my chances would be good at getting in there. Because every position and every shift would be open at that point.

I don't know why they aren't answering their phone I don't know why it goes to voicemail but they will not pick up their phone when I called today 20 plus times.

I absolutely have considered a job where I am not on my feet all day but in order to get a job you have to have a job. So I'm applying for many different jobs close to my new apartment

I do not have a car so that's why I wanted the transfer

Sent from my LM-G710VM using Tapatalk

How many times did you leave a message? I'm hoping it is once and you gave your phone number. There is no need to call 20 times, if I was hiring and I could see 20 calls from the same number in 1 day that's someone I'm not going to hire.

The first few times I called someone actually did pick up but not speak. I could hear the sounds of the store in the background. But of course I'm not a psycho I only left one message. But I do not think they will answer because we ourselves were told not to answer the phone at my location due to scammers calling asking for information about the store

However when I called another location they did answer and couldn't understand why the Pierce Avenue location was not answering. Possibly because of the disarray and confusion of the entire staff walking out. I would imagine answering the phone is the last of their concerns when trying to restaff the store

Sent from my LM-G710VM using Tapatalk

You said you want to be in that store as you don’t have a car. So you can walk there? So why don’t you walk and find out? Or take an Uber. Calling 20 times clearly isn’t helping.

The entire staff walked out? Do you really want a job there?

Coworkers yelling for you to get on a register is rude but not a discrimination

Discrimination would possibly be denying you a job for some reason (depends on the reason though). Saying that someone else in some other stores might not hire you isn’t discrimination. It’s just talking.

Only an attorney can advise if the situation is discrimination. Employment lawyers will usually review the facts for free. As long as you don't state your assumptions as facts, it should be easy for an employment lawyer to apply law and make a determination.

If the other store is actually hiring, wouldn't they be advertising help wanted? Find their ad and apply. When they ask how you heard about the job, tell them you are a current employee at store blah blah blah and see what happens.

Good point. It's just not that easy to find a job at my age without a car. So I was hoping by transferring it would hold me over until I found something better.

I can't currently afford an uber as I'm saving every penny for the move. I would be able to walk to the new store once I move. I am currently in an area with no bus either

Sent from my LM-G710VM using Tapatalk

That makes more sense. My boss is a gossip queen and is always talking **** about other employees( probably me too)

Sent from my LM-G710VM using Tapatalk

You're right. I think I'll feel better with an entirely new job. This one is at a 7-11 just for reference.

And I did apply online. I was just hoping my boss could get things moving for me before I move and the other store becomes fully staffed. She is of no help whatsoever

Sent from my LM-G710VM using Tapatalk

Just an update. When I went into work today the regional manager came in and I talked to her about switching to the new store. She was ecstatic and said absolutely they need people there there is only two employees so I definitely got the job at the new store even with limited days and having to sit down

Sent from my LM-G710VM using Tapatalk

Another update. I just have to get this out of my system. I was off from work today so I stopped at the new store to introduce myself to the new manager. On the way home I stopped at my current 7-Eleven location. I saw my boss and I said hey I just wanted to let you know I met the manager of the Pierce Avenue store and she seemed really nice.

All of a sudden my manager starts yelling;
"I'm so sick of you talking about it I can't stand talking about it that's all you do is talk about the other store and moving to the other store I decided if you get to move it's my choice." To which I said
"I'm leaving at the end of the month no matter what." To which she said;
"Yeah and it's still my choice if you get to go to that store or not. And I cut your hours for tomorrow." Mind you she said this in front of a store full of customers my son being one of them. I left in tears because I can't understand why she is targeting me.

I called the Pierce Avenue store and talked to that manager and told her that my current manager said that she wouldn't want me because of my limited hours and need to sit down. The Pierce Avenue manager said she doesn't even know my boss and got complaints about her when she came to help out. I then talked to the regional manager and explained everything that was said and done to me and said I will not be coming back. I can start ASAP at the Pierce Avenue store.

So my I intuition was correct with this woman. For some reason she took it personal when I said I wanted to transfer. She began to mistreat me and targeted me. I'm not sure at this point if I actually will be able to go to the Pierce Avenue store or not. We shall see

Sent from my LM-G710VM using Tapatalk

What a rude piece of work!!!!

Yes. I'm trying very hard not to let this affect my mental health

Sent from my LM-G710VM using Tapatalk