Little Advice about 'Discrimination'?

[Ducky]

That's what I need from you to me.

Here's the scoop:

I'd like to say that jobs are a dime a dozen, but such isn't the case even where I live. I'm glad my son took things in stride (somewhat) after he was 'laid off' after 1 1/4 days of being hired.

As those who know a bit of my family life and what not, my son wears a prosthesis. We've never made it an issue that he was 'handicapped', and always encouraged him to do the best that he can -as other able-body persons do.

When asked what was the reason for his being let go, he said his boss saw him in the back kitchen - slip (didn't fall), right himself upwards and continued working. However, she was fearful of him really slipping anytime in the future, and didn't want to take any chances of a lawsuit and otherwise.

BUT YOU SEE...

What are the chances of ANYONE taking a topple ANYWHERE at ANYTIME?

Imho, she used his 'leg' as an excuse. She obviously knew that he wore a fake leg, hired him, and this is what came out of the whole ordeal.

I told my son to get a hold of the fellow that set him up with the initial interview with the ex boss and tell him what transpired. I said for him to tell him the truth, don't leave anything out, and see what he says about it.

~~~~

Suggestions? Recourse?

[Snow Crash]

Suggestions? Recourse?

Global thermonuclear war.

[1972]

Not one for sueing but that is fucking wrong.
Or we could all go out and buy a bunch of legs and beat the guy to death.
Or use Sarah Jessica Parker since she looks like a foot anyhow.

[Chorlton]

The point being. Was the employer fully aware they were employing someone with a disability and was the full truth disclosed to them as to the effects of that disability on their work.

[skunk]

His balance is probably not anywhere near the same as people with two working legs ducky...I wouldn't take it personally.

I work in a kitchen (deli) right now, and we have to wear these special grip shoes, and I myself have almost taken a spill before.

I KNOW for certain, if one of my legs was prosthetic, I would have had a much more difficult time saving myself from falling.

He'll find another job he likes better ducky.

[Ducky]

The point being. Was the employer fully aware they were employing someone with a disability and was the full truth disclosed to them as to the effects of that disability on their work.

Yes. She hired him, knowing full well that he had a fake leg.

When I questioned my son as to what terminologies she used when she let him go, the words 'dangerous environment' came up.

In other words, she pulled a 'majority report' (movie) on him. The possibilities of what 'could happen'. That's goddamn bullshit in my books. That type of mentality shouldn't exist in workplaces, but it does.

What people forget, is that these Big chain franchises are INSURED to the hilt. Not only for their employees but for customers as well.

However, taking that into concideration, it's a distinct possibility that their insurance premiums will go up, should an accident occur. That's a given.

But ANYONE can have an accident at their job at any time.

My son was wearing proper attire footwear (gripping) , like everyone else. He can walk, ride a bike, get physically pushed off kilter and STILL retain his balance. I've seen him wrestle with his uncle (one that takes him fishing a lot) and man oh man, that kid can hold his own.

If he was like any other person with 'intact legs' then I'd probably wouldn't think twice about the situation and just chalk it up. Urge him to look elsewhere (as I am now anyway). But this sort of shit behavior will unfortunately follow him around for a long time.

[Ducky]

Well...sonny boy just got back from speaking to the fellow that I mentioned earlier. My son came in with a good attitude and rehashed what his job councilor said.

Basically this type of scenerio happens, and for him not to take anything to heart (just like what Skunk said) and that he'll give my son's boss a quick call to get the lowdown.

If it turns out that her decision was based solely about his leg, then this is another issue all together.

[Pam]

Problem is, an employer can get rid of an employee within the first three months with absolutely no reason.

There is not much he can do.

An employee can't sue their employer for a work related accident, that is what Workers Compensation is for. The stupid thing is, the rates for Workers Comp are not tied to the place of business, they are based on the total work related accidents for that type of operation. Only if a place of business has several accidents with their employees, they would be checked out to ensure they are complying with safety standards.

It could be she just didn't like him for some reason and decided to try and give a plausible excuse for not keeping him on.

Pretty sucky if you ask me, people need more than a few days to prove their worth, the first few weeks of any new job people are not themselves, they are checking out their co-workers and learning what is acceptable behaviour and what is not, the feeling out period is a minimum one month in my opinion. You can't really know someone in a few days.

[Ducky]

Problem is, an employer can get rid of an employee within the first three months with absolutely no reason.

There is not much he can do.

An employee can't sue their employer for a work related accident, that is what Workers Compensation is for. The stupid thing is, the rates for Workers Comp are not tied to the place of business, they are based on the total work related accidents for that type of operation. Only if a place of business has several accidents with their employees, they would be checked out to ensure they are complying with safety standards.

It could be she just didn't like him for some reason and decided to try and give a plausible excuse for not keeping him on.

Pretty sucky if you ask me, people need more than a few days to prove their worth, the first few weeks of any new job people are not themselves, they are checking out their co-workers and learning what is acceptable behaviour and what is not, the feeling out period is a minimum one month in my opinion. You can't really know someone in a few days.

+ 1

[Snow Crash]

Ducky... in the UK with have something called the Disability Discrimination Act. Canada is likely to have its equivelant. I recommend you find it and read up on it.

[Pam]

Ducky, I manage an office and hire new employees quite often, I never judge them on the first few days as they are nervous.

Your son is young and agile, he would have no more reason to fall than someone with two good legs and even if he did fall, he would probably be better able to break his fall as he has to deal with that particular disability and would be more aware than someone without it.

He just needs to chalk it up as one of life's letdowns, things happen for a reason, just tell him to keep a positive attitude and the right thing will come along. If he likes fishing he should check out some retail fishing stores, working in a place where you are around things you like is much more healthier than working for some stupid bitch. :D

[skunk]

Is canada an "at-will employment" country?

[Chorlton]

I think, if the employer told him to "hop it" she's in the shit.

[Pam]

http://www.disabilitypolicy.ca/resourcesNational.php

Apparently we do - See above link.

[Pam]

Is canada an "at-will employment" country?

You can let someone go within the first 3 months with no reason.

[Ima Nasshole]

Look at it this way Ducks... she probably did him a favor, or as you spell it in Canada, a favour... What if, in the course of this job, he was to take a tumble and became seriously injured? It sounds like it has less to do with your sons handicap than it does with the working conditions. Sometimes the question isn't why, but why not?

I had been dating this hot skank for about two weeks, she was hot a hell, great in the sack, and looked really good on my arm. The down side was she had a piss poor opinion of herself and posed nude for a website called bohocrush. We were getting along great, even introduced her to my son. But one night as Nick and I were waiting for dinner to be prepared he was playing with my Iphone when the skank sends me a text message. Unbeknownst to me my glorious 8 year old son sends a response, and not a pleasant one. Upon discovering what he had written I immediately called her to apologize, she didn't answer and it went to vmail. I called back couple minutes later and she sent it to vmail. I sent her a text to which she replied rather hastily.

Here's the point to my story... That was the end of the relationship! In an attempt to capture a teaching moment for my 8 year old, my girlfriend acted like a 7 year old. Three days later I met the love of my life, and the skank has been blowing up my phone ever since. Had my son not send that text, I'd be in another dead end relationship and would have never met Courtney.

The reason your son is no longer employed there may not be immediately clear, but give it a few days, then thank the woman that let him go!

[moonlight]

Ducky, I am so sorry your son had this bad experience, and I know from my life experiences this has to be terribly painful for you as mom.

"When our kids are happy, we are happy. When they are sad, we are miserable."

My gut tells me that you will find out that he was terminated because of his prosthetic leg, and the reason being, the boss was afraid of law suits should he be injured in a fall. Clearly the boss has no understanding of prosthetics.

I know it is important to teach life lessons when our children are in pain, but for me personally, it was always hard. I did not have good coping skills much of the time my kids were going up, so I was left clueless and often angry for many years.

You have done a good thing asking for advice.

When I got my act together I concluded that we all have disabilities, some are obvious, most are not.

Hugs to you and your son.