Assistant manager threatened my position

UPDATED: Sep 30, 2022

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Assistant manager threatened my position

I recently had a talk with my assistant manager about some issues I was having. I had an injury to my brain, it was an aneurysm, I was 11 years old when happened. I still to this day have issues but I have a notebook with me, I write everything down in it to help me. In our talk, she told me I use my injury as an excuse for things. That’s totally untrue. I’ve never used it as an excuse. I told my manager about what she said, he had no clue that I had that injury. He said that she was not supposed to say that, it was uncalled for. I told him I would like a transfer to another store. I told him I do not want to work with her. On the schedule, I have to close with her and it is very uncomfortable to do that. She also said to me that she was going to demote me. I also told the manager that but he says that won’t happen but I’ve noticed that they have been treating me like a regular worker instead of a shift manager. It’s making me feel like they are getting ready to.

Asked on September 26, 2016 under Employment Labor Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

While an employer may take action against an employee with a disability or medical condition for what the employee does or fails to do at work (e.g. poor performance or absenteeism), they cannot take action against or harass someone simply because they *have* a disability or medical condition--doing so is against the law (such as the federal Americans with Disabilities Act). Also, while again, an employer may take action based on performance, the employee must make "reasonable accommodations" for an employee with a disability, like letting him or her take notes. If you feel that you are being harassed or discriminated against because of your condition and not because of any performance, etc. problems at work, contact the federal EEOC to disuss filing a disability-related employment discrimination complaint; you may be entitled to monetary compenation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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