isavedlatin54 Posted July 23, 2014 Share Posted July 23, 2014 So as some of you know, I am disabled. I have two artificial legs, so I'm constantly in some sort of pain. about 4 months ago I got hired at a photography studio here in austin with the understanding that I would be a part time photographer. Well, its 4 months later and im still the only photographer. With my disability it makes standing and moving around for 8+ hours VERY painful. Today my District Manager was in our store and I informed her that it was becoming increasingly difficult/painful to be the only one shooting 7-12 clients a day, And I asked her if she would be hiring another photographer soon. Her answer was basically " no, and if you can't handle it, we will find someone who can" then I proceeded to ask if they hired someone for phones or editing yet because I could do that. Same answer. Basically I'm wondering if I have any legal rights. My place of work is not accommodating me, and I don't know what to do. Normally I'm not one to bitch about stuff like this but I can barely walk after every 10hour+ shift. HALP Quote Link to comment Share on other sites More sharing options...
horrorbusiness138 Posted July 23, 2014 Share Posted July 23, 2014 Man, that's a tough one. I can't give any legal advice of any kind, but I wish you the best of luck on your situation and hopefully you can get something worked out in your favor. My GF is a photographer and I know how rough that can be. Quote Link to comment Share on other sites More sharing options...
TheGhostOfRandySavage Posted July 23, 2014 Share Posted July 23, 2014 So as some of you know, I am disabled. I have two artificial legs, so I'm constantly in some sort of pain. about 4 months ago I got hired at a photography studio here in austin with the understanding that I would be a part time photographer. Well, its 4 months later and im still the only photographer. With my disability it makes standing and moving around for 8+ hours VERY painful. Today my District Manager was in our store and I informed her that it was becoming increasingly difficult/painful to be the only one shooting 7-12 clients a day, And I asked her if she would be hiring another photographer soon. Her answer was basically " no, and if you can't handle it, we will find someone who can" then I proceeded to ask if they hired someone for phones or editing yet because I could do that. Same answer. Basically I'm wondering if I have any legal rights. My place of work is not accommodating me, and I don't know what to do. Normally I'm not one to bitch about stuff like this but I can barely walk after every 10hour+ shift. HALP You definitely have legal rights in this case. They're clearly not making the accommodations that your situation requires even though they said they would. If they fire you over your need of accommodations, you can sue. I don't know all the laws, but you should look into the Americans With Disabilities Act and Equal Opportunity Workplace stuff. Quote Link to comment Share on other sites More sharing options...
cartel33 Posted July 23, 2014 Share Posted July 23, 2014 Not my area of law, nor state... But you should be able to find a local attorney that takes free consultations and specializes in disability/employment law. (Avvo and Lawyers.com provide some good resources, as well as just as just a general Google search for area of law and city). I'd also look at your state workforce commission: http://www.twc.state.tx.us/crd/disability-discrimination.html It looks like the "Reasonable Accommodations" section might be of interest to you. Sorry for your troubles and hope you can find someone to help. Quote Link to comment Share on other sites More sharing options...
isavedlatin54 Posted July 23, 2014 Author Share Posted July 23, 2014 Man, that's a tough one. I can't give any legal advice of any kind, but I wish you the best of luck on your situation and hopefully you can get something worked out in your favor. My GF is a photographer and I know how rough that can be. It sucks because I love m job. But the pain is so much on me it makes it not worth it Quote Link to comment Share on other sites More sharing options...
isavedlatin54 Posted July 23, 2014 Author Share Posted July 23, 2014 Not my area of law, nor state... But you should be able to find a local attorney that takes free consultations and specializes in disability/employment law. (Avvo and Lawyers.com provide some good resources, as well as just as just a general Google search for area of law and city). I'd also look at your state workforce commission: http://www.twc.state.tx.us/crd/disability-discrimination.html Thanks! It looks like the "Reasonable Accommodations" section might be of interest to you. Sorry for your troubles and hope you can find someone to help. Quote Link to comment Share on other sites More sharing options...
abovetheearth Posted July 23, 2014 Share Posted July 23, 2014 Lara is our board lawyer. Hope she can help. Quote Link to comment Share on other sites More sharing options...
isavedlatin54 Posted July 23, 2014 Author Share Posted July 23, 2014 My direct manager is so cool and tries to accommodate me as much as she can. But our DM always puts a stop to it Quote Link to comment Share on other sites More sharing options...
Satan Posted July 23, 2014 Share Posted July 23, 2014 Your DM is a cunt. ozfacter and Sad Heart 2 Quote Link to comment Share on other sites More sharing options...
cartel33 Posted July 23, 2014 Share Posted July 23, 2014 And, just to follow-up: Make sure you don't post anything on social media/boards/etc. that you wouldn't want to come out in trial/settlement negotiations - should you have to go that far. Far too many people don't realize that their activity online can be used against them when it comes down to it and it is more likely than not going to hurt them. Quote Link to comment Share on other sites More sharing options...
¯\_(ツ)_/¯ Posted July 23, 2014 Share Posted July 23, 2014 you dont have to be fired to file an ADA claim against your employer, they must provide you with accommodations, especially if you are the only one who can do the job. Do what cartel33 suggested, find a disability lawyer and get their legal opinion Quote Link to comment Share on other sites More sharing options...
isavedlatin54 Posted July 23, 2014 Author Share Posted July 23, 2014 Is never say anything bad at all. Like I said i love my job but I just think I'm being treated unfairly Quote Link to comment Share on other sites More sharing options...
thebiglebowski Posted July 24, 2014 Share Posted July 24, 2014 It's the internet. Someone has to disagree. Quote Link to comment Share on other sites More sharing options...
¯\_(ツ)_/¯ Posted July 24, 2014 Share Posted July 24, 2014 Is there a reasonable accommodation that would make doing the job by yourself less painful besides hiring someone? Quote Link to comment Share on other sites More sharing options...
isavedlatin54 Posted July 24, 2014 Author Share Posted July 24, 2014 Is there a reasonable accommodation that would make doing the job by yourself less painful besides hiring someone? Honestly no. Because we schedule very hour. So once I'm done in the studio another comes in. I technically don't get breaks either. Unless I'm missing something Quote Link to comment Share on other sites More sharing options...
avery Posted July 24, 2014 Share Posted July 24, 2014 my husband's a labor/employment attorney and he said that they're supposed to provide you reasonable accommodation without necessarily creating a new job/position just for you, in your case that could simply entail more frequent breaks. at least that's how it'd be in CA where he practices. I'm not sure what the labor laws in your state are and what the federal laws are. I tried to ask hubs more but he's asleep (I basically poked him awake to ask, haha). your best bet is to do what others have suggested and seek a labor/employment or disability attorney in your state. ¯\_(ツ)_/¯ 1 Quote Link to comment Share on other sites More sharing options...
jase Posted July 24, 2014 Share Posted July 24, 2014 I'm sure this won't help as I'm from Australia. But here, if you're hired as a part time employee and are doing full time hours for more than 3 months you have the right to demand full time work, or enforce your part time hours. Which could be as many as 30, or as few as 15 per week. Over here the labour laws are quit different and the employee has more rights than the business owner Quote Link to comment Share on other sites More sharing options...
isavedlatin54 Posted July 24, 2014 Author Share Posted July 24, 2014 my husband's a labor/employment attorney and he said that they're supposed to provide you reasonable accommodation without necessarily creating a new job/position just for you, in your case that could simply entail more frequent breaks. at least that's how it'd be in CA where he practices. I'm not sure what the labor laws in your state are and what the federal laws are. I tried to ask hubs more but he's asleep (I basically poked him awake to ask, haha). your best bet is to do what others have suggested and seek a labor/employment or disability attorney in your state. Ok cool. Thanks! Very helpful! ¯\_(ツ)_/¯ 1 Quote Link to comment Share on other sites More sharing options...
Sad Heart Posted July 24, 2014 Share Posted July 24, 2014 Your DM is a cunt. Hope everything works out for you. As a touring band photographer with two legs it's rough. I can't even imagine how hard it is in your situation. best of luck to you. Quote Link to comment Share on other sites More sharing options...
avery Posted July 25, 2014 Share Posted July 25, 2014 Ok cool. Thanks! Very helpful!here's a little more info now that I got him when he's awake--federal law in terms of the Americans with disabilities act, requiring reasonable accommodations for disabled workers applies to businesses with 15 or more employees. CA state law applies to businesses of 5 or more. he did a quick search and says TX (that's where you are, right? I'm posting on the mobile version, so I can't tell right now.) basically parallels federal law. it would still be helpful if you talked to a local specialist about the specifics. and you're welcome and good luck! Satan 1 Quote Link to comment Share on other sites More sharing options...
pushbacktosquare Posted July 25, 2014 Share Posted July 25, 2014 file:///Users/OscarLopez/Desktop/d7oKGhi.gif Quote Link to comment Share on other sites More sharing options...
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