Job Termination because of Disability Update(self.starbucksbaristas)
submitted by brensteven2005
Well after weeks of waiting it's official. I've lost my job. After working 8 years as a barista with Starbucks due to my seizures I have lost my job. I am so heartbroken. I feel sick to my stomach. I've never lost my job before so I'm a little out of my depth here. I'm just hurt and lost. This 206 barista is out.
long-pit172 points7m ago
if you're in the US and up for a headache (but possibly a BIG payout), i'd recommend contacting the ACLU. they *might* represent you without fees and it doesn't hurt to ask.
$1 <-- to find your local affiliate. i'm physically disabled too so i know it can be a NIGHTMARE to advocate for yourself. best of luck.
That_Sell707865 points7m ago
I don't ever comment or ever do reddit much, mostly lurk. I sued over something similar and got a settlement. Do it. They plan on you being unwilling. Call that bluff.
SnooDingos58072 points7m ago
I second this. I sued my previous employer for wrongful termination and got a 20k payout. It took 6 months, and we settled before it was even brought to court.
And my previous employer was a small company, making about 2 million a year. (2 million is a lot yes, but if you're comparing it to a multi-billion dollar corporation, 2 million is a small company.)
plastixhearts121 points7m ago
They’re trying to do this to me because of my disability. One word. LAWYER
testingaurora112 points7m ago
They fired me after I had a seizure at work, fell straight onto my manager and she was foo traumatized by it to work with me. I was 16, too young to know anything about how illegal and f-ed that is. I wish i had run them into the ground for it. Please lmk if I can help you in anyway, they can't treat you this way.
Hazel_is_Trans105 points7m ago
This is illegal you can file a lawsuit and maybe get your job back if you want it or get a huge payout
jams101558 points7m ago
Take the payout, OP! Go live your life and find something you love. Good luck!
Hazel_is_Trans18 points7m ago
I rather have pay out
jesthere84 points7m ago
They're doing this because it's a calculated risk that you won't do anything about it. Don't let them get away with it. Do this for your own sake as well as for others in a similar situation.
KenansCloud65 points7m ago
They didn’t let me come back from my LOA over my disability. Not that they would say so.
M_Karli37 points7m ago
That is illegal, get a lawyer asap!
gothlene33 points7m ago
How can they even fire you for having epilepsy ? Like did you seize during your shift? Lawyer up
Longjumping_Future6332 points7m ago
I think the crux of this case is them saying that simply because you "cannot use brew machines/make hot drinks for safety reasons" it means you are not useful in any other capacity at starbucks. I find that to be absolutely ridiculous and judge probably would, too. Explain CS role and DTO/DTR roles. I know fully abled partners who couldnt bar if their lives depended on it, but preform exceptionally well in other places so they are still able to stay employed! And besides, oh what a huge blow to the company if you cant rebrew pike. Double standards are crazy. What a piss poor excuse to fire you.
prophesierpinki6 points7m ago
not to mention, in the Netherlands we have junior baristas. They are minors (16-18) who work but cant legally handle food or coffee, so they do POS and closing and everything else
Longjumping_Future636 points7m ago
on the contrary, i think asking to not be around hot beverages would be a reasonable accomodation
skylikeslemonade13 points7m ago
! only being on cold bar / CS / till! lots of options :)
MasterMischievous2 points7m ago
Uuuuh
Puzzleheaded_Lie7062 points7m ago
This!
satisfiedjelly2 points7m ago
But the fact they worked there so long with the condition proves otherwise
MasterMischievous1 points7m ago
I agree with the statement this employee shouldn’t be fired.
Just putting it out there, in the job description it says you need to be available and able to do all positions. Only reason ik is a partner at my store went on leave due to an episode, and wasn’t permitted back to work until accommodations could be made. (But first it needed to be decided if accommodations COULD be made). I believe the company’s stance is: it’s unfair to other partners that some partners are getting out of doing certain positions.
Longjumping_Future634 points7m ago
If that's the company's stance then they dont follow it very well. I know at least 3 partners are my store alone who refuse to bar and show no interest. I personally know of other stores in the area with the same thing.
MasterMischievous-1 points7m ago
If they got transferred to anywhere in my region they’re world would turn upside down. If everyone refused to bar at your store what happens? As a ssv I ask my partners for the preferences and do what I can. Sometimes you have to do things you don’t want to do to keep your job (ie the entire job for me). If I tell someone I need them on bar and they refuse I send them home. I haven’t had to do it often, but if you’re not playing for the team you’re playing against it. Now yes if there’s a logical sub to have someone else bar when someone else prefers not to then that works out.
It’s a different story when they simply can’t bar. That’s when I coach as much as I can, and flag them to the SM for a skill check. Every position is important to running the floor, and if some people can’t/won’t then you can’t run a floor without thinking about all of those moving pieces. It’s not fair to shifts that we’re already dealing with competence levels, but now some people just refuse to do their jobs? Send em home and tell your SM.
Longjumping_Future632 points7m ago
Idk where you work that you can just throw away workers like that, but in my district, we'll take what we can get. If someone says they cant/dont want to bar and shows signs of stress when on bar or cant pick it up, we will do everything in our power to keep them away, because it distrupts the workflow and ultimately makes all parties stressed and unhappy with their jobs. Some people cant handle the stress of bar, some people just dont have a knack for it, some partners have learning disabilities that make them unable to bar. Your assertion that you, as a SSV, cant work around a single partner who cant/wont bar is odd to me, one who does it every day. And, besides, what's happening here is a person willing to but being told they cant by the company, which to the company apparently means they are no longer an asset.
MasterMischievous1 points7m ago
Starbucks partners care so little for workplace decency and accountability, they’ll downvote any post or comment advocating it, it’s sickening.
Torirock1021 points7m ago
call ethics!!
WAtransplant202120 points7m ago
They Absolutely *can* accommodate your disability. Contact ethics and compliance and the EEOC. Then the ACLU.
Wonderful-Put-597217 points7m ago
Labor Board. They've had Sbux in their sights a lot recently.
wiitchyywoman1313 points7m ago
as a barista with epilepsy as well this has honesty been a huge fear of mine. get a lawyer!! i hope you get justice 💜
BeingBumbleBree6 points7m ago
I lost my job similarly, because apparently needing a chair while working the drive through is not a reasonable accommodation.
MasterMischievous-1 points7m ago
If I swing by to hand a drink and accidentally kick the leg of your chair out from underneath you, it creates a massive problem, and (at least at my store) sticking a chair in dto is a massive obstacle to everybody there.
tired-barista3 points7m ago
it also depends on how dto is laid out. in my store, it's zero issue because dto it around a corner from bar and drinks are set on the corner. who knows
MasterMischievous-1 points7m ago
I can definitely see how it could be different at other stores, but at mine anytime someone moves from hot bar to cold bar or vice versa, you’d have a chance to knock the chair over. And that’s just a lawsuit waiting to happen (not a valid accommodation because it still leaves the company vulnerable to a lawsuit.
If I were the partner at my store I would’ve gone looking for a store in the area that could accommodate a chair in the drive thru.
I still don’t think it’s fair that they presumably get paid the same to do less of the job tho. But that’s just my opinion, I’m sure it’d be different if I was the one with the disability.
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Enkeria923 points7m ago
Contact the EEOC IMMEDIATELY! PM me as I have had to go after 7-Eleven for disability discrimination and won that settlement. I can help you through the steps!
StickyNoteMurdercat2 points7m ago
Oh this doesn’t scare me AT ALL after having a flare up on Monday hospitalizing me (I don’t have epilepsy & instead have seizures caused by c-ptsd) and making me miss work for 2 days. 🥲 Yeah this is very fucked up & DEFINITELY an HR issue plus a clear ADA violation that Starbucks claims to stand by & even has epilepsy listed as one of the disabilities in their initial application so I agree with everyone else here & you should DEFINITELY sue & be as loud as possible about this OP.
whiteroses841 points6m ago
https://www.nolo.com/legal-encyclopedia/wrongfully-terminated-having-disability.html - for reference
Good luck!
Puzzleheaded_Lie7061 points7m ago
Unfortunately they probably can do What they did. I’m not saying it’s right, because it’s not. Sadly it could be dangerous for you, being around hot beverages etc. I’m not sure what the accommodations are, and I’d think with medication you should be fine. I do think you can fight the termination, but if you can get some type of representation, definitely worth looking into. Regardless I’m sorry this has happened to you, it had to be devastating and you are worth so much more. I’m glad though your condition can be managed.
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barista194710571 points7m ago
OP *please* contact ethics and the ACLU. This is extremely illegal (at least in the US).
Back when at worked at sbux (had to leave bc I was moving for university, I was extremely sad about it and every time I go back for break I meet up with my old coworkers) I had issues with passing out and I had a history of seizures (which I told them about when they hired me) and they made sure to accommodate me the best they could.
If I felt like I was going to pass out, they got me water and led me to the back until I was safe to work again. I used the headset to take orders and either bar or DTR would input it into the system so I could still be helpful when I was taking a break. They even offered me a chair when on register (either DTR or register up front) but I declined bc I was worried about getting in peoples way.
They absolutely could’ve accommodated and it’s disgusting that not only they didn’t accommodate you, they fired you. Fuck that
Lawyer up ASAP
sugartea631 points7m ago
Mine will probably fire me since I broke my foot.
Puzzleheaded_Lie7060 points7m ago
Can I have the back story? I’m not assuming anything. But if you missed work, and were not on LOA, or did not provide any documentation. They can terminate you, if you were written up for time/ attendance. Had they had documentation, and you asked for accommodations, and they agreed to the accommodations, then fired you. Yes you have a good case. If they were stupid enough to just up and fire you after a seizure, well the manager is an idiot to say the least.
brensteven2005 [OP]1 points7m ago
Corporate put me on a LOA after a seizure at work and asking for accommodations. My doctor gave them accommodations and they said I wasn't safe enough even though my doctor said I was fine to return.
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