Can I legitimately open a claim with ADA?

[Marcusw29]

I'm in Maryland and I have Asperger syndrome which I believe causes me to have problems with time management, I am often late to work. The job I have at a computer store has told me that if I am late one more time they will fire me. Apparently asking for starting hours that are not during rush hour times as an accommodation is too much of a problem for them. I think they are lying and just want to fire me for being late and maybe for being slightly harder to train. They have told me that I ask for help too much over the walky talkies they give us, which honestly seems like the best way to assist customers rather then taking 20 mins to try to google something I don't know that they didn't teach me. I'm sure that would just frustrate people and likely make them leave the store.

I admit I have been an hour late sometimes if I leave with only 20 mins before my scheduled time traffic can easily turn a 20min drive 12 exits down into an hour long one. I didn't actually realize that the 5 pm starting times they keep giving me were compounding my issues and didn't think to ask for a different time as an accommodation until they gave me the final notice this Wednesday. But I have told just about every manager they have there before hand that I did have Asperger syndrome . I know at least two of them I told within the first 2 weeks of my hiring which was about a month and a half ago. I don't think I told the general manager of the store until about 3-4 weeks ago when they brought me in his office to complain about me taking a lunch break during a 6 hour shift. I believe I did tell the manager of the section I work in that I have Asperger and it may affect me getting to work on time he essentially told me it didn't matter and that they will still fire me.

My question is do you think this will stand as a legitimate case with ADA or will it be thrown out because I'm essentially expecting them to excuse me being late? I'm also not sure if they will claim I didn't disclose at the time of hire or something because I didn't put it in writing I only told them verbally that I have Asperger syndrome. Also if the case isn't worth fighting for is there a way I could get out of the 6 month non compete contract so I could go apply to Bestbuy instead? Although the one closest to me doesn't seem to have very many openings.

 

[xylene]

Your requested accommodation regarding lateness is not reasonable.

You need to leave earlier for work. You are only on-time at best case traffic. Given MD traffic, y'all know that isn't reasonable and isn't because you have aspergers.

You mention some other issues too:
The "walky talkie" overuse - cut it down if that's what they told you.
Lunches on shorter shifts - do what they tell you on lunch policy.

 

[Eekamouse]

I'm in Maryland and I have Asperger syndrome which I believe causes me to have problems with time management, I am often late to work. The job I have at a computer store has told me that if I am late one more time they will fire me. Apparently asking for starting hours that are not during rush hour times as an accommodation is too much of a problem for them. I think they are lying and just want to fire me for being late and maybe for being slightly harder to train. They have told me that I ask for help too much over the walky talkies they give us, which honestly seems like the best way to assist customers rather then taking 20 mins to try to google something I don't know that they didn't teach me. I'm sure that would just frustrate people and likely make them leave the store.

I admit I have been an hour late sometimes if I leave with only 20 mins before my scheduled time traffic can easily turn a 20min drive 12 exits down into an hour long one. I didn't actually realize that the 5 pm starting times they keep giving me were compounding my issues and didn't think to ask for a different time as an accommodation until they gave me the final notice this Wednesday. But I have told just about every manager they have there before hand that I did have Asperger syndrome . I know at least two of them I told within the first 2 weeks of my hiring which was about a month and a half ago. I don't think I told the general manager of the store until about 3-4 weeks ago when they brought me in his office to complain about me taking a lunch break during a 6 hour shift. I believe I did tell the manager of the section I work in that I have Asperger and it may affect me getting to work on time he essentially told me it didn't matter and that they will still fire me.

My question is do you think this will stand as a legitimate case with ADA or will it be thrown out because I'm essentially expecting them to excuse me being late? I'm also not sure if they will claim I didn't disclose at the time of hire or something because I didn't put it in writing I only told them verbally that I have Asperger syndrome. Also if the case isn't worth fighting for is there a way I could get out of the 6 month non compete contract so I could go apply to Bestbuy instead? Although the one closest to me doesn't seem to have very many openings.

Since when does having Asperger Syndrome make a person late for work? That doesn't sound like anything other than an excuse for being irresponsible.

 

[cbg]

No, I do not think that either allowing you to be late or only scheduling you for non-rush hours is reasonable. The purpose of the ADA is not to give you excuses, but to allow you to fulfill the essential functions of your position. You can't fulfill your position if you're not there. The ADA does not require that other employees be dis-accommodated in order to accommodate you, and giving you preferential shift times would be doing exactly that.

 

[NeilTheCop]

Your illness can't be that bad, because the Maryland DMV let you keep your drivers license after you told them you were diagnosed with Asperger Syndrome.
http://www.mva.maryland.gov/about-mva/info/26200/26200-11T.htm

 

[LdiJ]

I'm in Maryland and I have Asperger syndrome which I believe causes me to have problems with time management, I am often late to work. The job I have at a computer store has told me that if I am late one more time they will fire me. Apparently asking for starting hours that are not during rush hour times as an accommodation is too much of a problem for them. I think they are lying and just want to fire me for being late and maybe for being slightly harder to train. They have told me that I ask for help too much over the walky talkies they give us, which honestly seems like the best way to assist customers rather then taking 20 mins to try to google something I don't know that they didn't teach me. I'm sure that would just frustrate people and likely make them leave the store.

I admit I have been an hour late sometimes if I leave with only 20 mins before my scheduled time traffic can easily turn a 20min drive 12 exits down into an hour long one. I didn't actually realize that the 5 pm starting times they keep giving me were compounding my issues and didn't think to ask for a different time as an accommodation until they gave me the final notice this Wednesday. But I have told just about every manager they have there before hand that I did have Asperger syndrome . I know at least two of them I told within the first 2 weeks of my hiring which was about a month and a half ago. I don't think I told the general manager of the store until about 3-4 weeks ago when they brought me in his office to complain about me taking a lunch break during a 6 hour shift. I believe I did tell the manager of the section I work in that I have Asperger and it may affect me getting to work on time he essentially told me it didn't matter and that they will still fire me.

My question is do you think this will stand as a legitimate case with ADA or will it be thrown out because I'm essentially expecting them to excuse me being late? I'm also not sure if they will claim I didn't disclose at the time of hire or something because I didn't put it in writing I only told them verbally that I have Asperger syndrome. Also if the case isn't worth fighting for is there a way I could get out of the 6 month non compete contract so I could go apply to Bestbuy instead? Although the one closest to me doesn't seem to have very many openings.

There is no excuse for you being late. You are not leaving your home early enough to get there on time. That is not a protected issue. Now, if you were not allowed to drive and there was no bus schedule that could reasonably get you there on time, that might have given you something, but even that is not guaranteed.

Also, if lunch hours are not permitted on a six hour shift, then you don't take lunch. You could also try asking for help without using the walkie talkies.

 

[xylene]

Your illness can't be that bad, because the Maryland DMV let you keep your drivers license after you told them you were diagnosed with Asperger Syndrome.

C'mon now, lots of people with aspergers have drivers licenses. That's just silly.

 

[not2cleverRed]

I agree with all the other responders but wanted to add: what makes OP think that ANY store would want an employee that gets there an hour late?

OP, I don't know why they'd want to enforce a non-compete agreement for a low level person like you, so just try applying at Best Buy. Be totally honest about your expectations. Such as, that you will only leave for work when it is convenient for you, not based on actual estimated travel times.

You have received your final notice.

 

[NeilTheCop]

C'mon now, lots of people with aspergers have drivers licenses. That's just silly.

I'm just pointing out some of the symptoms of Aspergers are:

• Hypersensitivities (to lights, sounds, tastes, etc.)
• Difficulty with the give and take of conversation
• Difficulty with nonverbal conversation skills (distance, loudness, tone, etc.)
• Uncoordinated movements, or clumsiness
• Anxiety and depression

So yes, they should be reported to the DMV as a possible impairment to driving ability.

 

[xylene]

So yes, they should be reported to the DMV as a possible impairment to driving ability.

Assuming the OP's condition meets such a threshold to be reported, are you privvy to some info that the OP has never done exactly that, like when they were licensed as required in the regulation you cite. No, actually you aren't.

You are implying someone's disability is somehow unworthy because they can still meet the rather low standard of possessing a Maryland driver's license, which states as an explicit goal:

to keep drivers on the road for as long as they remain a low risk for crash involvement.

As presented, while having a hard time at a retail job because of chronic tardiness is not cause for reasonable accommodation.
That said, being on ones 'third write up' or whatever managerial nonsesnse from someone probably not actually empowered to fire anyone does not indicate a person needs their licensed yanked.

Let's see how that would work.

"DMV I'd like to report a dangerous driver. He took an unauthorized lunch on a short shift at a big box store because of his poor communication skills."

That's pretty ridiculous.

 

[eerelations]

I'm just pointing out some of the symptoms of Aspergers are:

• Hypersensitivities (to lights, sounds, tastes, etc.)
• Difficulty with the give and take of conversation
• Difficulty with nonverbal conversation skills (distance, loudness, tone, etc.)
• Uncoordinated movements, or clumsiness
• Anxiety and depression

So yes, they should be reported to the DMV as a possible impairment to driving ability.

Not all Asberger's people have all of these symptoms, and the level of symptoms they experience varies from person to person. I worked with a lot of Asberger's people (in the IT industry, where there are much higher levels of people suffering from Asberger's than in any other industry), and while I did see a fair amount of the second and third symptoms, I never saw any of the other symptoms. None of the Asberger's people I worked with demonstrated any inability to drive.

OP has said that his tardiness is caused by his struggles with time management, and elaborated that he has a hard time leaving for work in time to avoid rush hour traffic. I don't see how this can be construed to mean that he should have his driver's license pulled.

 

[NeilTheCop]

Assuming the OP's condition meets such a threshold to be reported, are you privvy to some info that the OP has never done exactly that, like when they were licensed as required in the regulation you cite. No, actually you aren't.

You are implying someone's disability is somehow unworthy because they can still meet the rather low standard of possessing a Maryland driver's license, which states as an explicit goal:

to keep drivers on the road for as long as they remain a low risk for crash involvement.

As presented, while having a hard time at a retail job because of chronic tardiness is not cause for reasonable accommodation.
That said, being on ones 'third write up' or whatever managerial nonsesnse from someone probably not actually empowered to fire anyone does not indicate a person needs their licensed yanked.

Let's see how that would work.

"DMV I'd like to report a dangerous driver. He took an unauthorized lunch on a short shift at a big box store because of his poor communication skills."

That's pretty ridiculous.

Yes it is, as it's the legal duty of the OP to make the report, and for the DMV to make the decision based on their findings, not an 'informant'.

 

[Taxing Matters]

Yes it is, as it's the legal duty of the OP to make the report, and for the DMV to make the decision based on their findings, not an 'informant'.

Actually, no. Maryland law does not require all persons diagnosed with Asperger's to report that to the DMV. Asperger's syndrome manifests in a number of ways and in most cases does not impair the person's ability to drive. For that reason, it is not expressly listed among those conditions that must be reported to the DMV. Take a look at Maryland's medical review process.

 

[xylene]

Yes it is, as it's the legal duty of the OP to make the report, and for the DMV to make the decision based on their findings, not an 'informant'.

"DMV I'd like to report myself as a medical risk. I took an unauthorized lunch on a short shift at a big box store because I have poor communication skills. Also at my job I'm on double secret probation because I've been late to work a few times. I didn't plan on traffic because I'm not good at estimating time. OH GOD! I'm a menace - get me off the road!"

That sounds pretty stupid too.

 

[eerelations]

Yes it is, as it's the legal duty of the OP to make the report, and for the DMV to make the decision based on their findings, not an 'informant'.

Why would the OP report himself as someone with Asberger's when his main symptoms seem to be about time management and an inability to communicate normally with other people? What has this to do with driving? Really, please tell us. TIA