Legal Question in Disability Law in Massachusetts
Physical disablity/Quiznos
Twice our 17 yr old son with CP was ''hired'' by a local Quiznos in the last year. (Management changed at some point). The first time he went through the training program, and then on his first day of ''work'' was ''let go'' with a handwritten check saying he made the sandwiches too slowly. Yesterday he was hired by the new management again. Today he went in for his first shift and was told the acct said they couldn't hire anyone. They had given him the uniform & all and then this. We're starting to think it's because they didn't notice his ''gait'' yesterday, but don't know if we should file. He's just so disappointed, and we're getting ticked off that a kid can't get a job ! He's mentally fine. Should we pursue this?
1 Answer from Attorneys
Re: Physical disablity/Quiznos
You could at least inquire of the decision-makers as to their specific reasons for twice hiring then letting your son go. A call by an attorney would probably be far more effective, and would probably require the company to take an official position, which I would require to be in writing.
If they have done anything even questionably improper, its likely they would offer you some concessions in exchange for your agreement not to puruse the matter further. Concessions could be anything, such as an agreement to give your son his job back, to pay some money to nip the issue in the bud (in exchange for a release of claims), etc.
Or they might offer nothing. But there is only upside to inquiring and probably no downside.
The benefit here is significant, because the company would likely be required to take a written position; your next move (if any at all) would depend on what the company's position is. Maybe they were completely within their rights to hire/fire as they did. Maybe not.
Obviously discrimination in the workplace is a sensitive issue and I would expect the company to take the matter seriously. If nothing comes from it, nothing comes from it. But why not let them take a position and assess the merit of whatever it is.
Based on your description, I'm wondering if the company has some requirement to hire X number of disabled person, but no requirement as to how long they need to KEEP disabled employees. If the company twice hired your child then fired him the same day in order to meet certain disability hiring "quotas," they could possibly find themselves in hot water for such an unfair, discriminatory practice like that. Perhaps you would discover the company has a nationwide practice like that and the discrimination is widespread and discriminating against lots of disabled people. Or, on the other hand, there may be absolutely nothing wrong with what they did.
The point is, you can only begin to know if you make an initial inquiry, which I would do for you for free. Contact me if you'd like to discuss it.
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