Can my manager put her hands on me and treat me like a little kid?

[Ladyback1]

I am well aware of that. I work in Human Resources.

I know...it was more for the benefit of others. And frankly? I think the OP's employer is being either incredibly generous, or incredibly stupid: A walking boot/cast is a health and safety hazard in a lot of work places, food services being one. If I were the manager/owner, I would not allow her to wait on tables, carry trays, be in the kitchen/pick up area, with a walking boot, but that's just me. The potential for further damage to the OP's foot, the potential safety and health hazards, far outweigh the benefits of having the OP back to work.

As to the Mgr putting her hands on the OP. We're only getting one side of the story. Had the OP been told to leave? Had to OP given the Mgr a face full of attitude?

 

[cbg]

As to the Mgr putting her hands on the OP. We're only getting one side of the story. Had the OP been told to leave? Had to OP given the Mgr a face full of attitude?

Excellent questions all.

 

[commentator]

In the first place, this person is being extremely dumb by giving us the name of the restaurant, etc.

"Treating me like a little kid" is something that indicates to me that this may be a fairly young and inexperienced person who resents being treated "like a kid" even though they may be acting like one. Then the person can't seem to get what we are telling them as being the truth. Still wanting to say they can't do this to me, can they? Oh please, somebody validate my threats to sue!

To me it sounds like this supervisor is really making a huge mistake not to send this person home immediately. Reasonable accommodation for ADA, (and the person clarified that it is NOT a worker's comp issue) usually require a good faith effort to accommodate. Mobility issues in a restaurant are going to be tough to accommodate. Most restaurants require a certain type of footwear,(on both or all feet!) restaurant floors in kitchen areas tend to get really slick, and a lot of people bustle around in a relatively small area carrying heavy loads, moving fast.

It sounds like this has gotten to be a "get the heck out of my way" issue, resulting in the unwelcome touching. Instead of allowing this OP to stand around in other people's way and go into the "Don't you lay your hands on my person! I can sue you for that!" mode, they should send this poster home till the foot situation is resolved. They've made above and beyond a reasonable attempt to accommodate the disability.

 

[cbg]

It is by no means certain that the ADA even applies.

 

[EmployeeAnnon]

I would amend that to NO state requires work restrictions to be honored unless part of an ADA accommodation and I question whether there are many, if any, which require it for workers comp.

Just by the way, you are almost 100% wrong.

http://www.workcomppa.com/lawyer-attorney-1248524.html

My employer did not offer my workman's comp or an opportunity to report the work related injury.

 

[EmployeeAnnon]

I know...it was more for the benefit of others. And frankly? I think the OP's employer is being either incredibly generous, or incredibly stupid: A walking boot/cast is a health and safety hazard in a lot of work places, food services being one. If I were the manager/owner, I would not allow her to wait on tables, carry trays, be in the kitchen/pick up area, with a walking boot, but that's just me. The potential for further damage to the OP's foot, the potential safety and health hazards, far outweigh the benefits of having the OP back to work.

As to the Mgr putting her hands on the OP. We're only getting one side of the story. Had the OP been told to leave? Had to OP given the Mgr a face full of attitude?

The answer is No, to your question. I am a very good employee and I never give my managers attitude, they are my superiors! She was behind me and I didn't even know she was there. I was speaking to my EXPO about a table's order. I was doing exactly as I was supposed to. It is never okay for an employer or employee to place their hands on another unless they are physically beating someone else. end of story.

 

[EmployeeAnnon]

Try knowing things. It helps.

In the first place, this person is being extremely dumb by giving us the name of the restaurant, etc.

"Treating me like a little kid" is something that indicates to me that this may be a fairly young and inexperienced person who resents being treated "like a kid" even though they may be acting like one. Then the person can't seem to get what we are telling them as being the truth. Still wanting to say they can't do this to me, can they? Oh please, somebody validate my threats to sue!

To me it sounds like this supervisor is really making a huge mistake not to send this person home immediately. Reasonable accommodation for ADA, (and the person clarified that it is NOT a worker's comp issue) usually require a good faith effort to accommodate. Mobility issues in a restaurant are going to be tough to accommodate. Most restaurants require a certain type of footwear,(on both or all feet!) restaurant floors in kitchen areas tend to get really slick, and a lot of people bustle around in a relatively small area carrying heavy loads, moving fast.

It sounds like this has gotten to be a "get the heck out of my way" issue, resulting in the unwelcome touching. Instead of allowing this OP to stand around in other people's way and go into the "Don't you lay your hands on my person! I can sue you for that!" mode, they should send this poster home till the foot situation is resolved. They've made above and beyond a reasonable attempt to accommodate the disability.

I have never acted out at work to which you are describing. I guarantee that if and ever you were subjected to being treated like a kid, you would resent it too. I am a short person and people often treat me like a little kid out of nowhere because they can. Some of you AREN'T or weren't telling the whole truth because some of you keep contradicting eachother and instead of correcting me and pointing me in the right direction, you just call me names and talk about me in 3rd person like the mature adult professionals that you are. By the way, my workplace has hardly accomodated my work related injury. They haven't even kept true to the 4 hour restriction placed by my doctor. I think that just about makes it only 5% compliance. And just by the way, I never told anyone about the assault or complained about it to anyone at work besides a trusted manager and my general manager, who then reported it to HR. You are blowing this far out of proportion to make my private rantings the person I am in the workplace. Even if she was trying to say "get the heck out of the way" she could have just said excuse me. there is absolutely no reason to spin me around on top of a wet floor. You don't know what you're talking about.

 

[Ohiogal]

I have never acted out at work to which you are describing. I guarantee that if and ever you were subjected to being treated like a kid, you would resent it too. I am a short person and people often treat me like a little kid out of nowhere because they can. Some of you AREN'T or weren't telling the whole truth because some of you keep contradicting eachother and instead of correcting me and pointing me in the right direction, you just call me names and talk about me in 3rd person like the mature adult professionals that you are. By the way, my workplace has hardly accomodated my work related injury. They haven't even kept true to the 4 hour restriction placed by my doctor. I think that just about makes it only 5% compliance. And just by the way, I never told anyone about the assault or complained about it to anyone at work besides a trusted manager and my general manager, who then reported it to HR. You are blowing this far out of proportion to make my private rantings the person I am in the workplace. Even if she was trying to say "get the heck out of the way" she could have just said excuse me. there is absolutely no reason to spin me around on top of a wet floor. You don't know what you're talking about.

You can hire counsel now. No, really. You are acting like a petulant child to people trying to help you. Pay an attorney to answer your questions.

 

[Ladyback1]

I have never acted out at work to which you are describing. I guarantee that if and ever you were subjected to being treated like a kid, you would resent it too. I am a short person and people often treat me like a little kid out of nowhere because they can. Some of you AREN'T or weren't telling the whole truth because some of you keep contradicting eachother and instead of correcting me and pointing me in the right direction, you just call me names and talk about me in 3rd person like the mature adult professionals that you are. By the way, my workplace has hardly accomodated my work related injury. They haven't even kept true to the 4 hour restriction placed by my doctor. I think that just about makes it only 5% compliance. And just by the way, I never told anyone about the assault or complained about it to anyone at work besides a trusted manager and my general manager, who then reported it to HR. You are blowing this far out of proportion to make my private rantings the person I am in the workplace. Even if she was trying to say "get the heck out of the way" she could have just said excuse me. there is absolutely no reason to spin me around on top of a wet floor. You don't know what you're talking about.

wait....you said you didn't file work comp, because it was a recurring injury.

And several of us have explained to you that there is no state mandate that requires they accommodate your restrictions! They just do NOT have to. So, I'd suggest you quit singing that song. Frankly, you are a liability to your employer if you are wearing a walking boot/cast/splint to work, especially if it is not a closed toe foot covering. I know many, if not most, employers in food service who would put you either running a register, or sitting in the back rolling silverware, or not have you come in until you are 100%.

And NOW, the floor was wet when she "spun" you around?

None of us were there, thus we don't know how much of YOUR story is true and how much of YOUR story is simply your perception of events. And you seem to be "creating" new "facts" about the incident to portray yourself in a better light when you didn't get the answer you liked.

 

[cbg]

We do know things. We know that no employment laws were violated. We know that the law does not require your employer to stay within your restrictions. We know that the longer you stand her arguing the less likely it is that the police are going to take any action because your manager "put hands on you" (and frankly, it wasn't overwhelmingly likely that they would even if you'd reported it the minute it happened). We know that no law says your manager or your management cannot treat you "like a little kid" as you put it. We know that you appear to think you have far more rights in the workplace than you actually do. And we know that your tantrum is not going to make any of these facts go away.

You, on the other hand, do not appear to know any of these things.

 

[Proserpina]

I believe we're seeing an example of why OP is having so much trouble with work.

 

[commentator]

"It is never okay for an employer or employee to place their hands on another unless they are physically beating someone else. end of story. "

That is an opinion, not a labor law. I suggest you speak with an attorney, do a consultation. Go for it.