Another "frivolous" suit!

Joined: 17 Nov 2003 Posts: 1081

http://www.suntimes.com/business/1796581,sears-lawsuit-equal-opportunity-092909.article
Guess earnings will take a hit for this Doh!

Sears Holdings Corp. has agreed to pay a record $6.2 million to settle a lawsuit filed by the U.S. Equal Employment Opportunity Commission that accused the retailer of illegally firing a disabled worker.
The consent decree, approved today, represents the largest settlement ever for the agency in a single lawsuit alleging violation of the Americans With Disabilities Act, the EEOC said.

According to the agency, documents released as a part of pre-trial discovery revealed that hundreds of other employees who had taken workers’ compensation leave were also terminated by Sears without the company seriously considering reasonable accommodations to return them to work while they were on leave or seriously considering whether a brief extension of their leave would make their return possible
Fifty-eight-year-old Bava, who hurt his back, knees and wrist when he fell down a flight of stairs at a customer’s home, welcomed the agreement.
“I think it’s phenomenal,” he said. “It’s great. My whole thing of doing this was for other people out there that this has been done to for them to come out and stand up.”
Bava said he found out he was terminated after his wife’s discount card was rejected. He received no prior notice that he had been fired, he said, adding, he hopes the settlement sends the message to employers that they should “treat your employees fairly and try to accommodate them if they’re injured.”

Posted: Wed Sep 30, 2009 5:03 am Post subject:

Good news here in this one. Thanks SearsService for the link.

Joined: 01 Feb 2008 Posts: 546

Right on for the injured worker. I hate big companies who mess with people with any type of disability. Those injured on the job are constantly messed with by many employers. Good for this guy.

Joined: 04 Jul 2003 Posts: 2110

I personally know some folks who were let go for that very reason and I was almost one of them. These folks were let go after a year was up. No extensions, period. Naughty!

Joined: 15 Feb 2009 Posts: 381

There is one person in our store who had back surgery under worker's comp. She was allowed to return but her doctor told her she was not to be on the sales floor. Well she was sent right out to do layouts. Part of my problem started when I asked for a schedule change since I was having problems driving at night. Now they are claiming nights and weekends are required seemingly for certain people but not everyone, and I've been getting 5 hours a week for almost a year now.

I hope this is but the beginning of many lawsuits about this sort of thing. Medical problems arise and there is not a heck of a lot we can do about them and the law says that corporations must accomadate disabilities.

Joined: 01 Feb 2008 Posts: 546

Joined: 15 Feb 2009 Posts: 381

skibunny: The American's with Disabilities act also says that a company cannot discriminate against someone with a disability in hiring or employment if that person can do the job with reasonable accommadation. Changing a schedules is a reasonable accomadation but according to what the personel told the ESC on my daughter she doesn't know how to do a schedule to accomadate my medical problem and they are using that against her. If the truth is told she can't do a schedule at all, all she can do is copy ones already used and add to them for all the new hires coming in. If they don't want to work with my schedule then I suggest they go ahead and terminate both of us instead of playing their little beat the employee over the head with hours games. I know they would rather we quit so they would not have to pay unemployment but according to them we aren't competent to work in that store anyway and that I have in writting.

I suggest everyone read the new updates to this act in your state.

Joined: 08 Jul 2003 Posts: 6309

This case has several problems for Sears & Roebuck .

First by the time this was filed in 2004 nobody gave a crap at corporate either disgusted with the Lacy crew and/or understood what was coming with Eddie/ESL crew.

Throw in ' incentives ' to find reasons to fire people or reduce payroll;especially vested/tenured workers I can see Sears doing this.

If I understand the suit correctly ' no accommodations ' were made for those employees. Should ' accommodations ' mean flat out giving a new job or giving the employee a list of jobs they could ' apply ' for( but why should you have to apply for a company where you already work ). I don't see why this guy couldn't have done something like ridden along with other techs or train other employees. Or GIVE him a service center/shop position. Or even GIVE the guy an associate position in a store.

But the minute 'ADA' was tossed around they should have backed off since customers have already nailed Sears for this.

I have heard the stories of quotas to reduce payroll upto AND including finding an excuse to fire existing employees( hopefully the higher paid longer term employee).Funny thing by 05-06 the company was on a mini hiring spree in many areas for service techs.

Joined: 06 Jul 2003 Posts: 723

Another take:

http://www.alabamahrlaw.com/2009/10/sears-hit-on-inflexible-leave-policy_01.html

Joined: 08 Jul 2003 Posts: 6309

lastchance article - employees not told until they tried to make purchase with discount card

Pathetic,absolutely pathetic. But not surprising from the dog shit Sears Roebuck & Co management present during the Lacy years. Personally I think alot of this crap started with the Mckinsey consultants in the late 80s early 90s and the lifer blunt instrument called a mid level Sears Roebuck & Co executive took this crap to a new level.

But this is why the weasels send you a letter in the mail saying you've been terminated. And the frackers had the gaul to fight this for 5 years probably to keep money on the books.

Now the frackers will use this as an EXCUSE or write off when explaining the 3Q dog shit results under the leadership the Eddie/the ESL crew. That's probably the only reason they paid.

Joined: 01 Feb 2008 Posts: 546

Joined: 23 May 2008 Posts: 373

gageflame - check you private messages please.

Joined: 15 Feb 2009 Posts: 381

skibunny: You are correct and my daughter is still almost a year later fighting for her unemployment and we are still at 5 hours per week, but the eeoc investigation is kicking in now after I had to get Virginia Foxx's office involved. I got the feeling yesterday from the EEOC investigator they are ticked at me for insisting they INVESTIGATE this time instead of just issuing their "right to sue" letter which isn't worth the paper it's written on.

You are right, most of us really owe no loyalty to this employer, beyond what we are paid for when we are clocked in. We can walk out or they can terminate us, but in that situation the only one who gets penalized is the employee. The law seems to be one sided in favor of those with all the money.

The stress has taken it's toll on both of us, but we will not back down. I'm simply tired of seeing people abused and run off from a job they need. I'm not a "stupid white birch like Hillary Clinton and I'm tired of being treated by a certain person as if I were. I am determined that before this is over it will be "Miss Bitch" to this store manager and he can drop the show on the sales floor of telling new employees how experienced I am. He should remember that once a couple years ago I respected and worked side by side with him before he became manager. But his position went to his head and now I consider him nothing but a big baby bully, throwing his tantrum.

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