Islandgirl17
Junior Member
What is the name of your state (only U.S. law)? North Carolina
Daughter is 25, and is diagnosed with depression and anxiety disorder. Up until March 2015, she was unable to hold down a job. After working with a therapist for some time, she was able to learn techniques to use that are useful to help her deal with her anxiety issues, and began working at a chain breakfast restaurant in March. In October, 2015, she had her first experience with having a panic attack at work. When she felt it coming on, she asked her manager if she could go in the back room for just a few minutes to get herself together. Manager told her she could not do so. She stayed on the floor and ended up having a full-blown panic attack, and crying.
She sat down afterwards and explained to the manager that she has an anxiety disorder and about the techniques that her therapist suggested she use, including taking a few minutes away from everything to use deep breathing and self-dialogue to stave off a full-blown attack. The manager responded by saying “Well, maybe people like you shouldn’t work here.” Daughter felt very humiliated and feared for her job.
Next shift, when she went to work, several co-workers pulled her aside and told her that after she left her shift the prior day, the manager stood out on the floor telling a group of workers about how Daughter cried and had a “melt-down”, and laughed about it. The coworker said the manager called her “crybaby” and the other coworkers laughed. Daughter was humiliated and embarrassed.
Few days later, the schedule was posted and Daughter was given only 23 hours. Daughter had been given 37 – 40 hours per week the entire 7 months she has worked. Daughter approached manager who claimed it was an error and gave her just 5 more hours. Next schedule, same thing happened. Manager also took her off 1st shift, and put her back on 3rd shift.
Daughter talked to regional and district managers, but they are very lazy about everything anyway, and didn’t seem to care.
Daughter became very anxious about going to work. Said she felt coworkers were laughing at her and that the manager hated her. After doing so well for 7 months, her anxiety regarding working went right back to square one.
She put in her two weeks’ notice. A few days later, she decided to talk to HR, to see if they could do something to ensure this would not happen again, so she could continue working there instead of quitting. HR rep told her to put her issues in writing and email them to her, and she would meet with her the following Monday. Daughter emailed the information, but the HR rep didn’t contact her about meeting. Daughter called and texted HR rep repeatedly over the next two weeks, but HR rep would not respond.
The two weeks notice period came and went with no response from HR, and daughter no longer worked there.
Daughter was employed under an arbitration agreement. Is there any chance she could recoup lost wages by filing a claim under the AA?
Daughter is 25, and is diagnosed with depression and anxiety disorder. Up until March 2015, she was unable to hold down a job. After working with a therapist for some time, she was able to learn techniques to use that are useful to help her deal with her anxiety issues, and began working at a chain breakfast restaurant in March. In October, 2015, she had her first experience with having a panic attack at work. When she felt it coming on, she asked her manager if she could go in the back room for just a few minutes to get herself together. Manager told her she could not do so. She stayed on the floor and ended up having a full-blown panic attack, and crying.
She sat down afterwards and explained to the manager that she has an anxiety disorder and about the techniques that her therapist suggested she use, including taking a few minutes away from everything to use deep breathing and self-dialogue to stave off a full-blown attack. The manager responded by saying “Well, maybe people like you shouldn’t work here.” Daughter felt very humiliated and feared for her job.
Next shift, when she went to work, several co-workers pulled her aside and told her that after she left her shift the prior day, the manager stood out on the floor telling a group of workers about how Daughter cried and had a “melt-down”, and laughed about it. The coworker said the manager called her “crybaby” and the other coworkers laughed. Daughter was humiliated and embarrassed.
Few days later, the schedule was posted and Daughter was given only 23 hours. Daughter had been given 37 – 40 hours per week the entire 7 months she has worked. Daughter approached manager who claimed it was an error and gave her just 5 more hours. Next schedule, same thing happened. Manager also took her off 1st shift, and put her back on 3rd shift.
Daughter talked to regional and district managers, but they are very lazy about everything anyway, and didn’t seem to care.
Daughter became very anxious about going to work. Said she felt coworkers were laughing at her and that the manager hated her. After doing so well for 7 months, her anxiety regarding working went right back to square one.
She put in her two weeks’ notice. A few days later, she decided to talk to HR, to see if they could do something to ensure this would not happen again, so she could continue working there instead of quitting. HR rep told her to put her issues in writing and email them to her, and she would meet with her the following Monday. Daughter emailed the information, but the HR rep didn’t contact her about meeting. Daughter called and texted HR rep repeatedly over the next two weeks, but HR rep would not respond.
The two weeks notice period came and went with no response from HR, and daughter no longer worked there.
Daughter was employed under an arbitration agreement. Is there any chance she could recoup lost wages by filing a claim under the AA?
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