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Lawsuit accuses SoHo Apple store of discriminating against employee

post #1 of 49
Thread Starter 
A former employee of Apple's retail store in the SoHo neighborhood of New York City has filed a lawsuit against the company, claiming she was discriminated against after she took a medical leave of absence.

According to a suit filed in a U.S. District Court in the Northern District of Illinois, Nicole Sullivan, 22, began work at the SoHo Apple Store in 2008. In April of 2009, she took a leave of absence due to a nervous disorder, and sought the services of a psychiatrist.

Sullivan was given disability leave through an independent company, and was reportedly assured by the third party that the details of her medical condition would not be released to Apple. However, when Sullivan returned to work in August of 2009 after she was cleared by a psychiatrist, she said it was "obvious" to her that the store's employees, and "especially" its human resources director, were aware of her medical condition.

In her four month leave, Sullivan's job was replaced, and she was reportedly told that she would remain in a "holding pattern" until proper work was found for her. The lawsuit claims she was sent to a room in the store's basement where she sat at a vacant desk.

"Many days went by and still Plaintiff was not assigned to any particular job, despite requesting that she be assigned to one," the complaint reads. "Plaintiff busied herself occasionally helping others but there were days where she had nothing to do."



The lawsuit states that Sullivan applied for numerous jobs at the store, including a "Genius" position. But, she claims she was told she was denied for that job because "there were questions about her mental stability."

Sullivan eventually moved to Chicago, Ill., because she was told there was an opening at Apple's retail store on North Michigan Avenue, but she did not receive that position either. The suit asserts that Apple engaged in "malice and reckless indifference" to the former employee's rights.

The lawsuit argues that Sullivan was denied positions in Apple because of a "perceived disability," but claims that she was cleared by a psychiatrist and was not mentally ill. It states that she "suffered emotional distress, humiliation and embarrassment" because of Apple's actions.

Through the Law Offices of Richard D. Grossman in Chicago, Sullivan is seeking appropriate back pay, front pay, employment benefits and other compensation that was denied or lost. She also believes she is entitled to $300,000 in punitive damages for alleged discrimination and violation of the Americans with Disabilities Act.

The suit is the second filed this month accusing Apple's retail stores of discriminating against employees. One Florida man in his 60s is attempting to prove that an Orlando store denied him promotions because of his age.
post #2 of 49
There's a good chance that HR didn't get wind of her affliction... maybe it was obvious to everyone that she wasn't mentally stable. She did after all voluntarily (or maybe not) get help.
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post #3 of 49
I think it was Colin Hay that said "Just because you're paranoid doesn't mean that everyone isn't out to get you..."
Sounds like she was a bit off the rocker to begin with.
post #4 of 49
They were paying her to do nothing? I'm surprised that some jumped up shareholder isn't the one doing the suing. You know the type, $10,000,000 in damages and seeking class action status because of - shock shock horror horror sock shock horror - inefficiencies in a corporate juggernaut! Such a thing is IMPOSSIBLE in capitalism isn't it?!

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post #5 of 49
This is one of the most legitimate sounding cases against Apple, Inc. that I’ve read..


Quote:
Originally Posted by Jensonb View Post

They were paying her to do nothing? I'm surprised that some jumped up shareholder isn't the one doing the suing. You know the type, $10,000,000 in damages and seeking class action status because of - shock shock horror horror sock shock horror - inefficiencies in a corporate juggernaut! Such a thing is IMPOSSIBLE in capitalism isn't it?!

Or all the “working" employees who feel she was getting a free paycheck?
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post #6 of 49
Quote:
Originally Posted by solipsism View Post

This is one of the most legitimate sounding cases against Apple, Inc. that Ive read..

You're just asking for someone to take you seriously...
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post #7 of 49
Quote:
Originally Posted by island hermit View Post

There's a good chance that HR didn't get wind of her affliction... maybe it was obvious to everyone that she wasn't mentally stable. She did after all voluntarily (or maybe not) get help.

I take offense to you saying she was mentally unstable due to a nervous disorder.
post #8 of 49
Quote:
Originally Posted by SHOBIZ View Post

I take offense to you saying she was mentally unstable due to a nervous disorder.

Not that I really give a rat's ass but where did "I" say she was mentally unstable? You can get all pc that you want but if a nervous disorder makes you look mentally unstable then you have to call a spade a spade. After all, we are talking about Apple here... any Android fan will tell you that Apple is all about looks and nothing more...
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post #9 of 49
Am I reading this right? She claims she was mistreated for a perceived disability that she doesn't have, but then sues under the Disability Act?
post #10 of 49
Looking for a honey hole. What a joke. They paid her to do nothing. Probably all she could do.
post #11 of 49
Quote:
Originally Posted by island hermit View Post

There's a good chance that HR didn't get wind of her affliction... maybe it was obvious to everyone that she wasn't mentally stable. She did after all voluntarily (or maybe not) get help.

Quote:
Originally Posted by SHOBIZ View Post

I take offense to you saying she was mentally unstable due to a nervous disorder.

Are you nervous?
post #12 of 49
Quote:
Originally Posted by success View Post

Are you nervous?

Good point! I'm putting my sunglasses on...
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post #13 of 49
Quote:
Originally Posted by amador_o View Post

Am I reading this right? She claims she was mistreated for a perceived disability that she doesn't have, but then sues under the Disability Act?

Yeah; that's sort of what I though I read as well (??)

In any case, this whole thing is simply the price of doing business.
The same thing happens at Best Buy, Ford, McDonalds, etc. every other day.
post #14 of 49
Quote:
Originally Posted by island hermit View Post

Not that I really give a rat's ass but where did "I" say she was mentally unstable? You can get all pc that you want but if a nervous disorder makes you look mentally unstable then you have to call a spade a spade. After all, we are talking about Apple here... any Android fan will tell you that Apple is all about looks and nothing more...

You said "maybe it was obvious to everyone that she wasn't mentally stable."

The two are not the same thing at all. So it is not a spade.

I have a nervous disorder (ADHD) and it has nothing to do with it being mentally unstable.


Your attitude in your response speaks miles about you. Get over yourself.
post #15 of 49
Gone for 4 months? Clearly a whacko and a nightmare for any other worker. Maybe she could drive a snowplow in Chicago.
post #16 of 49
Quote:
Originally Posted by SHOBIZ View Post

I have a nervous disorder (ADHD) and it has nothing to do with it being mentally unstable.

Since when is ADHD a nervous dis SQUIRREL!










sorry.
post #17 of 49
Quote:
Originally Posted by SHOBIZ View Post

You said "maybe it was obvious to everyone that she wasn't mentally stable."

The two are not the same thing at all. So it is not a spade.

I have a nervous disorder (ADHD) and it has nothing to do with it being mentally unstable.


Your attitude in your response speaks miles about you. Get over yourself.

... and in the article it says:

The lawsuit states that Sullivan applied for numerous jobs at the store, including a "Genius" position. But, she claims she was told she was denied for that job because "there were questions about her mental stability."

So... as you see... it wasn't I who called her mental stability into question... so, again, if her nervous disorder made her look like she was unstable then you have to call a spade a spade whether she was mentally stable or not. You more than anyone should know that a lot of people won't be comforted when they are told that "there is nothing to fear, the person only has a nervous disorder".

I'd tell you to get over yourself but...
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post #18 of 49
Quote:
Originally Posted by island hermit View Post

There's a good chance that HR didn't get wind of her affliction... maybe it was obvious to everyone that she wasn't mentally stable. She did after all voluntarily (or maybe not) get help.

Actually if she really was on a medical leave they probably were told at least if Apple is like my old job (also retail, fairly big company)

If, at that company, you go on a medical leave they had stacks of paperwork to validate that you were fit to return. Including forms that had to be signed by your doctor that spell out what you are fit to do even. Her doctors should have never promised her that they would say nothing to Apple because chances are they had to for her to work again. Including telling if she was on mess etc. Which would be told to her managers. Maybe not the exact details but enough so that she wouldn't be placed in a task that would have them risking liability from a customer or this worker, say if she blew up at someone at the Genius Bar and verbally attacked the customer who then sued.

Perhaps the reason she was stuck at a desk doing nothing was because of that paperwork. At my referenced job I was out for a week having my wisdom teeth removed. My dentist forgot to fax the paperwork on the Friday before I was going back on Monday and I was stuck at a desk not even allowed to answer the phon until the company got the fax, reviewed it and signed off. it seemed dumb to me at that time but in hindsight I understood why they were protecting themselves against workers comp etc.

Remember she might claim it was just stress but what would her doctors say. Perhaps that stress was actually a verified anxiety disorder and she is fine so long as she isn't under tons of stress. Something that will happen at a major store at the Genuis Bar when they are behind, everyone needs their stuff fixed now, wants to yell and cuss at the Genuises etc. I see that stuff every time I go into my local Apple and it isn't a big one. I even heard a guy threaten to bet up the Genius who wouldn't fix his laptop because it had beer dripping out of it. And saw the customer throw the laptop at the kids head. Imagine how this young woman might react to that. It likely would not be great.

This young woman may find that suing is a stupid move. Apple could be found at no fault. But in finding that, they are going to dig into details about exactly why she went on leave. And those deta will go into court records etc. She thinks folks were talking about her work, maybe they were maybe not. But folks will definitely be during this case. And in thi age of blogs and such there is no promise that it won't get out in detail at some point

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post #19 of 49
Quote:
Originally Posted by charlituna View Post

Actually if she really was on a medical leave they probably were told at least if Apple is like my old job (also retail, fairly big company)

If, at that company, you go on a medical leave they had stacks of paperwork to validate that you were fit to return. Including forms that had to be signed by your doctor that spell out what you are fit to do even.

At my last job (and I mean last) it seemed that they didn't need a doctor to tell them what I was fit to do... "You don't want that to go out right away?! Give it to that ahole, it won't go anywhere for months!".
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post #20 of 49
Quote:
Originally Posted by isaidso View Post

Yeah; that's sort of what I though I read as well (??)

In any case, this whole thing is simply the price of doing business.
The same thing happens at Best Buy, Ford, McDonalds, etc. every other day.

You're right. Employees can become dissatisfied for a million different reasons and not all of them are easily addressed without opening the company up to some kind of potential lawsuit. Real or imagined, these issues are an HR nightmare.

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post #21 of 49
Quote:
Originally Posted by SHOBIZ View Post

You said "maybe it was obvious to everyone that she wasn't mentally stable."

The two are not the same thing at all. So it is not a spade.

I have a nervous disorder (ADHD) and it has nothing to do with it being mentally unstable.

Your attitude in your response speaks miles about you. Get over yourself.

Yup... It's all fun and games until one is on medication for various illnesses or conditions, whatever they may be, physical or mental. Then only will the empathy and understanding kick in.

It's human nature.
post #22 of 49
Quote:
Originally Posted by nvidia2008 View Post

Yup... It's all fun and games until one is on medication for various illnesses or conditions, whatever they may be, physical or mental. Then only will the empathy and understanding kick in.

It's human nature.

You all do know that a vast number of the population is all just few pills away from being "mentally unstable".

Oh... just wait until you have a brain injury and people start talking to you real slow in baby talk...
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post #23 of 49
Quote:
Originally Posted by feh View Post

Looking for a honey hole. What a joke. They paid her to do nothing. Probably all she could do.

Next time you're incapacitated in some way I hope you're discriminated against. Karma.
post #24 of 49
Quote:
Originally Posted by nvidia2008 View Post

Yup... It's all fun and games until one is on medication for various illnesses or conditions, whatever they may be, physical or mental. Then only will the empathy and understanding kick in.

It's a pity that only a minority seem to be able to empathize without having been in the receiver's situation. Those who cannot and who condemn the victims with "gold digger" and "slacker" and "call the wahmbulance" need to realize empathy is a GOOD thing. If more people had it the world would be a much better place.
post #25 of 49
Wait, I can get disability for stress?

Where do I sign up?
post #26 of 49
People don't go on four-month leaves of absence over nothing, so it's absurd to think that her coworkers wouldn't have noticed anything before she left. Also, people who go on leave for nervous disorders don't always depart on the best of terms, and they're certainly not generally the easiest people to work with before they leave. Seems very proper that Apple HR would be within their rights to take her pre-leave behaviour and job performance into account, which is probably all they were doing when assessing her for positions.

That being said, the supervisor who effectively locked an employee away in the basement for four months should be put through some pretty extensive re-training. Nothing screams selective treatment quite like openly assigning an employee zero work (you know, rather than firing them).
post #27 of 49
After reading the brief, it seems on the front of it, that Apple did in fact break some employment rules.

1. A medical leave of absence, also known as disability has certain rules that must be followed. For one, this person MAY have taken FMLA, in which case she had job protection. This generally is a good thing to protect any worker from loosing their job in the event of a medical problem. Yes, a mental disease does count as Short Term Disability and could fall under FMLA if the worker applied for it.

2. Short term/FMLA is supposed to be confidential to an extent. If the worker claimed Apple caused the problem, then it falls under Workman's Compensation and Apple is entitled to a medical review. But most of these claims are in fact private. It is NOT uncommon for the HR person to have some knowledge from filling out paperwork, and seeing the STD insurance coverage information. By Law, they must keep this info confidential.

3. For ANY employer to tell an employee they are denied a position for 'mental instability' is stupid. It is a liability lawsuit waiting to happen. There are many ways to deny promotion and raises, and jobs to those of questionable worth and for an employee of Apple to even imply mental instability or wellness just shows how incompetent that HR person and store manager are. The bottom line of whether the plaintiff was able to do the position should have been based solely on technical and performance points, not heresay or confidential info.

It seems Apple has some HR/Management types in retail that really don't know their job. It is typical in retail, so not a big surprise. Often good technical workers get promoted to management positions without any specialized experience other than on the job training.

Again, on the surface, this lady has a solid case against Apple for confidentiality, and discrimination. The ADA act is another protection. Like it or not, an employer cannot discriminate against an employee based on disability alone - WITHIN REASON. If I am in a wheelchair then it is reasonable to expect I cannot perform a job task that requires standing, assuming there is no reasonable alternative. That said, the company should do its best to place this employee in a position they can perform in.

Now, to Apple's defense. They placed her in a job with little to do. Again, common. They may had decided that she could not be terminated due to cause (doing a bad job) but also felt she was not ready to be the 'face' of Apple. Hence the desk job. It is boring, demeaning and generally people quit on their own and go elsewhere.

So, what this lawsuit will have to decide is did Apple violate any confidentiality issues, did they discriminate and deny the position for the wrong reasons, and did they create a hostile work environment.

Nothing is ever black and white and I am sure this employee is looking for a high profile settlement now that Apple is news item #1.

But one should not rule out retail employer incompetence in this case. There are ;aws to follow no matter how good/bad/crazy the employee is and even Apple must adhere to them.
post #28 of 49
Quote:
Originally Posted by ktappe View Post

It's a pity that only a minority seem to be able to empathize without having been in the receiver's situation. Those who cannot and who condemn the victims with "gold digger" and "slacker" and "call the wahmbulance" need to realize empathy is a GOOD thing. If more people had it the world would be a much better place.

Many people in this world may not be such skeptics and unwilling to empathize if it wasn't for the fact that many others fake their "symptoms" and try to leech of society. I do not empathize for welfare abusers and those who cheat the system for their own personal gain. Sure, it gets in the way of people who have legitimate reasons to deserve empathy, but it's not a perfect world.

From what I have seen of this world, it feels like 90% of people try to cheat the system and take the lazy way out. If that means faking an illness or disability to get free money and a few months off work, they're all for it.

Sad, but true.
post #29 of 49
Quote:
Originally Posted by AppleInsider View Post

... The lawsuit claims she was sent to a room in the store's basement where she sat at a vacant desk.




Sorry... first image that came to mind when I read about the desk in the basement....
post #30 of 49
Quote:
Originally Posted by Patranus View Post

Wait, I can get disability for stress?

Where do I sign up?

Yep. You must prove it. Between a medical doctor and psychologist many Americans probably could. But wait, there is a catch.

This becomes a medical diagnosis. Could it raise your life insurance premiums? Yep. Car insurance? Yep. Possibly prevent you from other jobs? Yep. So it is not a free money diagnosis.

In addition, in most cases you would get Short term disability. THat is a private insurance each employer has. Some pay 40% of your wages, some up to 100% for a number of weeks. You can get supplemental insurance like AFLAC to make up the rest. BUt there is a clock and time runs out and then you are separated or placed on long term leave which pays even less.

So, there is no free lunch. It is there for those that legitimately need it, and yes, some do abuse it, but in general it works as it should.

And yes, people do have mental stability issues. I had an employee of stellar performance whose wife and child were killed in a car crash and became quite unstable and depressed. They had to go on multiple leaves and it took over 24 months before they were back and another year to be productive again. I think all would concur that is a tragedy and not someone milking the system.
post #31 of 49
Ok, this scum bag took a 4 month PAID VACATION for being nervous, then sues because they replaced her? This woman is a drain on society and this case needs to be thrown out. Oh, and she moved to friggin Chicago BEFORE SHE HAD A JOB LINED UP? Who's fault is that, lady?

If I were this woman, I'd be nervous too. Nervous that my stupidity would get me into trouble like living in a whole new city without a damn job!
post #32 of 49
Quote:
Originally Posted by tjs View Post


Sorry... first image that came to mind when I read about the desk in the basement....

ME TOO!
post #33 of 49
Quote:
Originally Posted by Mac31 View Post

Many people in this world may not be such skeptics and unwilling to empathize if it wasn't for the fact that many others fake their "symptoms" and try to leech of society. I do not empathize for welfare abusers and those who cheat the system for their own personal gain. Sure, it gets in the way of people who have legitimate reasons to deserve empathy, but it's not a perfect world.

From what I have seen of this world, it feels like 90% of people try to cheat the system and take the lazy way out. If that means faking an illness or disability to get free money and a few months off work, they're all for it.

Sad, but true.

It is true and sad. I work for a major corporation and I see Short term disability and workers comp abuse all the time. For larger firms, like Apple, they should have the resources to manage this. It blows me away how people can take a nice paycheck, benefits, etc. and in this economy still treat their employer with disdain. No one drags you out of bed to go to work at gunpoint. If you hate your job, then quit an deal with the choices and consequences.

But for every 4 who scam the system, there are 5 who are legit. Be it pregnancy, unexpected surgery, accident, etc. For those the system works and protects them.
post #34 of 49
Quote:
Originally Posted by ktappe View Post

It's a pity that only a minority seem to be able to empathize without having been in the receiver's situation. Those who cannot and who condemn the victims with "gold digger" and "slacker" and "call the wahmbulance" need to realize empathy is a GOOD thing. If more people had it the world would be a much better place.

She moved to a whole new city before having a job lined up! She's an idiot, and I wouldn't hire her in a million years.

Why can't someone WORK during this time? It doesn't make sense. She clearly took care of other tasks, like feeding herself, paying bills, but she couldn't work? For four months!?

Wambulance comments are justified.
post #35 of 49
If I'm an employer and you're not able to do your job, I have to get someone who can. They actually stuck her in the basement and didn't give her work? That's tantamount to charity. And she's still suing. Lovely.
post #36 of 49
Quote:
Originally Posted by seamuskrat View Post

After reading the brief, it seems on the front of it, that Apple did in fact break some employment rules.

1. A medical leave of absence, also known as disability has certain rules that must be followed. For one, this person MAY have taken FMLA, in which case she had job protection. This generally is a good thing to protect any worker from loosing their job in the event of a medical problem. Yes, a mental disease does count as Short Term Disability and could fall under FMLA if the worker applied for it.

2. Short term/FMLA is supposed to be confidential to an extent. If the worker claimed Apple caused the problem, then it falls under Workman's Compensation and Apple is entitled to a medical review. But most of these claims are in fact private. It is NOT uncommon for the HR person to have some knowledge from filling out paperwork, and seeing the STD insurance coverage information. By Law, they must keep this info confidential.

3. For ANY employer to tell an employee they are denied a position for 'mental instability' is stupid. It is a liability lawsuit waiting to happen. There are many ways to deny promotion and raises, and jobs to those of questionable worth and for an employee of Apple to even imply mental instability or wellness just shows how incompetent that HR person and store manager are. The bottom line of whether the plaintiff was able to do the position should have been based solely on technical and performance points, not heresay or confidential info.

It seems Apple has some HR/Management types in retail that really don't know their job. It is typical in retail, so not a big surprise. Often good technical workers get promoted to management positions without any specialized experience other than on the job training.

Again, on the surface, this lady has a solid case against Apple for confidentiality, and discrimination. The ADA act is another protection. Like it or not, an employer cannot discriminate against an employee based on disability alone - WITHIN REASON. If I am in a wheelchair then it is reasonable to expect I cannot perform a job task that requires standing, assuming there is no reasonable alternative. That said, the company should do its best to place this employee in a position they can perform in.

Now, to Apple's defense. They placed her in a job with little to do. Again, common. They may had decided that she could not be terminated due to cause (doing a bad job) but also felt she was not ready to be the 'face' of Apple. Hence the desk job. It is boring, demeaning and generally people quit on their own and go elsewhere.

So, what this lawsuit will have to decide is did Apple violate any confidentiality issues, did they discriminate and deny the position for the wrong reasons, and did they create a hostile work environment.

Nothing is ever black and white and I am sure this employee is looking for a high profile settlement now that Apple is news item #1.

But one should not rule out retail employer incompetence in this case. There are ;aws to follow no matter how good/bad/crazy the employee is and even Apple must adhere to them.

Of course, this is all contingent on the complainants allegations being true. And, of course, we have no idea if they are, which is why we have that crazy legal system-- to sort the provable from the alleged.

She could have a great case, or she could be mentally unstable and subject to delusions and a desire for vengeance, or she could simply be seeking to exploit what she perceives as an opportunity to make some easy moon, or it could all just be a misunderstanding. We have no way of knowing. The mere fact of litigation tells us nothing about the actual merits of the case.
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post #37 of 49
Quote:
Originally Posted by solipsism View Post

This is one of the most legitimate sounding cases against Apple, Inc. that Ive read..

All cases "sound legitimate" ..... when you only hear one side of the story .... but I'm sure you already know that. I prefer to withhold my opinion until I hear from all concerned .... otherwise it would only be "gossiping or trolling". ....
Apple, bigger than Google, ..... bigger than Microsoft,   The universe is unfolding as it should. Thanks, Apple.
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post #38 of 49
You give the rest of us fun people with ADHD a bad name >

GO RIDE A BIKE OR SOMETHING!
post #39 of 49
Quote:
Originally Posted by chronster View Post

Ok, this scum bag took a 4 month PAID VACATION for being nervous, then sues because they replaced her? This woman is a drain on society and this case needs to be thrown out. Oh, and she moved to friggin Chicago BEFORE SHE HAD A JOB LINED UP? Who's fault is that, lady?

If I were this woman, I'd be nervous too. Nervous that my stupidity would get me into trouble like living in a whole new city without a damn job!

Caution, here... Watch what you say. Libel lawsuits have been filed for lesser attacks, and just because we each have a nickname, does not protect us from liability.

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post #40 of 49
Some people cant help but to fight windmills using the excuse of moral standards. There life would be simple jst to go get look for a job that they are capable of doing, and that someone is willing to hire them for. I dont even care about discrimination aimed at me. If an employer would do that to me I'd just move on and be happy elsewhere instead of playing victim.
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