Lawsuit accuses SoHo Apple store of discriminating against employee

2

Comments

  • Reply 21 of 48
    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...
  • Reply 22 of 48
    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.
  • Reply 23 of 48
    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.
  • Reply 24 of 48
    Wait, I can get disability for stress?



    Where do I sign up?
  • Reply 25 of 48
    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).
  • Reply 26 of 48
    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.
  • Reply 27 of 48
    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.
  • Reply 28 of 48
    tjstjs Posts: 31member
    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....
  • Reply 29 of 48
    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.
  • Reply 30 of 48
    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!
  • Reply 31 of 48
    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!
  • Reply 32 of 48
    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.
  • Reply 33 of 48
    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.
  • Reply 34 of 48
    ronboronbo Posts: 669member
    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.
  • Reply 35 of 48
    addaboxaddabox Posts: 12,660member
    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.
  • Reply 36 of 48
    newbeenewbee Posts: 2,055member
    Quote:
    Originally Posted by solipsism View Post


    This is one of the most legitimate sounding cases against Apple, Inc. that I?ve 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". ....
  • Reply 37 of 48
    You give the rest of us fun people with ADHD a bad name >



    GO RIDE A BIKE OR SOMETHING!
  • Reply 38 of 48
    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.
  • Reply 39 of 48
    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.
  • Reply 40 of 48
    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...



    LOL...well said....I don't think the quack should get 300 grand either. I'm sure decisions were made internally that she was not suitable for public interaction and they paid her to do nothing while they tried to figure something out. It doesn't take a genius for people to notice these things about other people.
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