Tk

[Thomas Kogan]

What is the name of your state (only U.S. law)? Viriginia. The party that I want to discuss lives in Maryland and is my 52 year old son TK (I legally changed the spelling of my last name when I moved to Virginia). T has worked at Walmart for over five years (32 hours/wk) is all that he is allowed. The problem though is that during those five years, he has been scheduled on he second or night shift only while younger persons and persons in between jobs who only stay for a short while are given the 7 A.M. shift.
I am writing on behalf of T because he is afraid that if he complains, he will be fired.
In fact, he does not even know that I am trying to get justice for him and he may refuse to cooperate for fear of reprisal.What is the name of your state (only U.S. law)? Virginia

 

[OHRoadwarrior]

If he is worried about getting fired, posting his name all over the internet will likely get him fired. Being the astute person I am, I am guessing you are not trying to help Mr. Kogan, but, in fact, are trying to get him fired.

 

[Beth3]

The problem though is that during those five years, he has been scheduled on he second or night shift only while younger persons and persons in between jobs who only stay for a short while are given the 7 A.M. shift.

Perhaps they've kept him on the night shift because your son has never indicated he'd like to work days. It's hard to imagine your son's job would be in jeopardy simply by telling his supervisor he'd like to move to the day shift next time an opportunity becomes available.

 

[commentator]

A shift assignment is not an entitlement. Yes, in an at-will state, they could actually fire him for demanding another shift. There may be employees who actually prefer the evening shift. If your son doesn't, he could, (himself, not you) request the day shift. They may or may not work with him. Even the most hesitant employee, who has very poor relationsal skills, should be able to quietly, respectfully, and professionally mention to his supervisor that if possible, he'd like to apply to work days sometime in the future if they can work it out for him. I doubt if they'd fire him on the spot. If he were to stomp in and demand it, mention that others are getting it in preference to himself (though he's never told management of his desire to work it) then that would be a good way for him to get himself fired.

But for gosh sakes, take the names down!

 

[cbg]

And what EVIDENCE do you have that the sole reason he is not getting a transfer to the day shift, is his age?

For that matter, why are you posting for your adult son? If he's worried about it, why is he not posting himself?

 

[ESteele]

Unfortunately, OP, if your son does not want to rock the boat, there does not appear to be a way “to get justice for him.” In fact, considering his greater familiarity with his employer, he may be correct to conclude that if he complains to upper management solely about shift assignments he runs the risk of reprisal.

With that said, if TK ever decides to challenge the situation, he should complain (1) the employer’s HR and/or (2) the EEOC or FEPA specifically that the company has denied him the most favorable shifts due to his age. Based on your posts, he has enough information to file a prima facie age discrimination charge. Moreover, his lodging of such a complaint will garner him a measure of protection from reprisal.

 

[Hot Topic]

When can everyone expect your son to grow up and stop relying on you to take care of his problems?