View Full Version : Long rant-Need advice
I could really use some input.
My wife has just been laid off her job at King Soopers (Kroger) after 30+ years. Here is how it came down. She put in 27 years at one of their union stores and retired. She ended up with a monthly pension but no health benefits. She went back to work with them but at a non union store so she could keep getting her pension but be allowed 20 hours per week to keep up the health insurance. About a year or so back she started having problems doing things she had done for ever. She was written up a time or two but things got worse with her. Mainly memory. We got her to the doctor who did all the testing she could and sent her to a Nero Specialist. She was given all sorts of tests, MRI's and so on. Each doctors visit I had the doctor wright a letter to her employer showing we were working the problem. She was diagnosed to be in the beginning stages of Alzheimer's. At this point her store started treating her like ****. Working her 4 hours a day 5 days a week from 5pm to 9pm. Never giving her any requested days off and working her most all holidays. She is 63 with more seniority than most of the 20 sum year olds she worked with. Last month she double rang an order and was written up and suspended for 7 days. This caused her to lose her health insurance. I went to her store to find out WTF was going on and what we had to do to get her insurance reinstated. The store manager explained that if she worked 20 hours a week this month it would kick back in. The very next day she went to work she was told she had two choices. 1st choice was be demoted from checker to courtesy clerk with an $11 cut in pay and no insurance or 2nd work stocking shelves at night from 10pm to 6am also with the pay cut and no insurance. I know they did this to make her quit rather than them fire her. The condition she is in and the problems she is about to start having she resigned. She is getting her vacation pay and the hours she worked last week but that's it. With them forcing her to quit and not fire her does there seem to be a possibility that there could be a little discrimination problem there? Either age or disability. I honestly don't know what else Kroger could have done but it just doesn't seem right. I understand there is no union protection here, but with the same company for over 30 years and being discarded like this makes no sense to me. Are there any discrimination laws here in Colorado that we could look into, or are we just SOL? We are going to get her started on early Social Security but at 63 years old that just gets her a small monthly check and NO insurance. I sure could use any and all input you may have, especially if anyone has been threw this. Thanks for letting me rant. I know times are tuff for everyone.
My best to all.
jplove71
10-10-2011, 14:44
Yep. That's what non-union people think of those that are/were union. I can speak of that personally.
Best advice I can give you is this, hire a lawyer that deals specifically with labor issues.
Yep. That's what non-union people think of those that are/were union. I can speak of that personally.
Best advice I can give you is this, hire a lawyer that deals specifically with labor issues.
Thank you.
Yep, talk to a lawyer. usually the first consultation is free when you talk to them so they can find out if they have any kind of a case.
In the end, she did resign correct? they might be able to look into it and see if it was forced. I couldn't tell you how that works.
What I am pretty sure of, is that the more proof and paperwork the better. get copies from all the doctors of the letters they wrote. Get together her hourly sheet and what her duties were.
On the other hand, she is drawing a pension, so that is good. Also, colorado law lets employers let employees go for no reason. but it looks like this time they just got her to resign.
Richard K
10-10-2011, 14:54
An employer has to make reasonable accomodations for disabilities. Sounds like they tried to make accomodations in view of her alzhiemer's, albeit with lower pay and no insurance (like work, like pay) They could not fire her as long there is lower position at which she can function.
If a company only has one level of employee and a person cannot function at that level because of a disability they can be terminated. A company does not have to create a position.
An employer has to make reasonable accomodations for disabilities. Sounds like they tried to make accomodations in view of her alzhiemer's, albeit with lower pay and no insurance (like work, like pay) They could not fire her as long there is lower position at which she can function.
If a company only has one level of employee and a person cannot function at that level because of a disability they can be terminated. A company does not have to create a position.Help me a little here. You know this how?
Call the union and see if they will represent her.
StagLefty
10-10-2011, 15:29
It may take awhile but if she files for her SS have her file under disability. There's quite a difference between regular SS and disability SS,she'll also get her Medicare this way. Good Luck and prayers sent for her.
Working at a non-union shop the union does NOT have to represent her. However, it never hurts to ask.
I would consult an attorney. One who specializes in labor. As long as she isn't conflicted out I could refer you to one of the top labor attys in the state. She does a lot of work on the defense side (counsel for employers) but does a little on the plaintiff side as well.
Shoot me a PM if you'd like the info.
Basically strong arm tactics to force her out of work. Years upon years ago.. when I worked for Kroger (high school before I knew better), part-time after 1 yr we started to get benefits.. wouldn't you know it they found reasons to terminate several of us that were part time and gaining benefits. It was a witch hunt.
Lawer up and most likely they will settle way before court because they don't want the publicity.
DD977GM2
10-10-2011, 16:18
Besides what others have said, I would give 9news a shout and see if they can help with getting public exposure to the stores BS.
Good Luck and hope things work out well with your Wife.
Great-Kazoo
10-10-2011, 16:20
By resigning she voids ability to collect unemployment, all you armchair qb's can debate this till you are blue in the face,. If you voluntarily leave a place of employment, you left no one terminated you, it was by your own doing.
being disabled with documentation she is able to sign up for Voc rehab. 90 days turn around to see what you qualify for.
http://www.colorado.gov/cs/Satellite/CDHS-SelfSuff/CBON/1251580884712
A place of employment must make reasonable accommodations for disabled employees. That law is under ADA guidelines.
Hostile work environment requires documentation to corroborate the issues. If you could show a pattern by KS / Kroeger towards employees with disabilities no matter how small they are you might have straw to grasp on to
An Attorney versed in w/compensation and job related issues is your best bet. Most will go with a rate of 20% or damages, if any or bill per hour.
I would remove anything other than your wife being terminated as IF it ever went to court could be introduced as influencing the jury (far fetched) However who would think hot coffee from mickyD's would bring $10 Million
By resigning she voids ability to collect unemployment, all you armchair qb's can debate this till you are blue in the face,. If you voluntarily leave a place of employment, you left no one terminated you, it was by your own doing.
being disabled with documentation she is able to sign up for Voc rehab. 90 days turn around to see what you qualify for.
http://www.colorado.gov/cs/Satellite/CDHS-SelfSuff/CBON/1251580884712
A place of employment must make reasonable accommodations for disabled employees. That law is under ADA guidelines.
Hostile work environment requires documentation to corroborate the issues. If you could show a pattern by KS / Kroeger towards employees with disabilities no matter how small they are you might have straw to grasp on to
An Attorney versed in w/compensation and job related issues is your best bet. Most will go with a rate of 20% or damages, if any or bill per hour.
I would remove anything other than your wife being terminated as IF it ever went to court could be introduced as influencing the jury (far fetched) However who would think hot coffee from mickyD's would bring $10 Million
She wasn't terminated, she was forced to resign. We or she is not looking for un employment. The only reason she went back to work at a non union store was to be able to have Health Insurance. The two options they (Kroger) gave her to stay, neither position gives or allows any type of insurance.
sneakerd
10-10-2011, 16:53
I like StagLefty's response. It certainly is legit. Good luck pal.
Great-Kazoo
10-10-2011, 18:46
She wasn't terminated, she was forced to resign. We or she is not looking for un employment. The only reason she went back to work at a non union store was to be able to have Health Insurance. The two options they (Kroger) gave her to stay, neither position gives or allows any type of insurance.
Then you need any and all documentation to verify krogers decision regarding her move to another store. Without a paper trail she has no recourse. UNLESS as i mentioned before, kroger has a history of their actions with her, towards other employees.
That is why, as others responded, hire an attorney. I have been to 3 and received 2 different responses to a question asked.
jackthewall81
10-10-2011, 18:55
Sorry to hear man. Hope they found it early enough to prolong it for a while. God bless and hope everything works out.
Sorry to hear about your situation, prayers for your wife and you are on the way. If you can't get insurance from kroger, she should be eligible for disability and medicare.[Flower]
race4hills
10-10-2011, 19:26
Sorry to hear about your wife. I know this will not help your problem at hand, but will with the one your going to face. I'm just finishing a class that I highly recommend, I took it for dealing with my Dad. It will give you great insight on the why's and how's to take care of your wife, as her Alzheimer's progresses. PM me if you would like more info.
~Lyle
jackthewall81
mopar
race4hills
Thank you so much. Tonight, these are the best responses I could have gotten.
My Best, Jess
Bailey Guns
10-11-2011, 05:29
I can't offer any worthwhile advice. I can offer prayers and best wishes. The whole thing just sucks.
Great-Kazoo
10-11-2011, 06:56
jackthewall81
mopar
race4hills
Thank you so much. Tonight, these are the best responses I could have gotten.
My Best, Jess
Sorry you don't like my responses. You asked for advice and based on my experience dealing with disabilities and the work place, i gave you advice as given to me from legal counsel.
Your first priority is making sure your wife has a safe, harassment free work place. The second it to follow up on any recourse she may be entitled to under ADA, city and state guidelines. I would strongly suggest you then read through the kroger employee handbook. Procure the latest one in print, you will be surprised what is in there.
Sorry you don't like my responses. You asked for advice and based on my experience dealing with disabilities and the work place, i gave you advice as given to me from legal counsel.
Your first priority is making sure your wife has a safe, harassment free work place. The second it to follow up on any recourse she may be entitled to under ADA, city and state guidelines. I would strongly suggest you then read through the kroger employee handbook. Procure the latest one in print, you will be surprised what is in there.Jim, in no way did I want to offend you. I am so sorry. After a day full of contacting and trying to contact all the places that have been recommended to us here I was mentaly frazed. The last two or three responses caught me by supprise when the thoughts turned to prayers and concern for my wife and her health. It was an up lift to have help and something done right at that time and not have to think about the long road ahead with legal counsel and finding the right city/state recourses that may be able to help us. Please except my deepest apology. I was in no way blowing you off. I will be searching out ADA regs today and start the process of finding someone to represent us. We do have a paper trail in hand from the very first time I became aware there could be a problem. Letters from all the doctors to her store manager to bills from the hospital for her portion for MRI's and nero work that she had done. Everything up to the letter from Kroger giving her the last 2 options to stay employed with them. Thank you again for your advice and shareing with us what you have gone threw.
My Best, Jess
funkymonkey1111
10-11-2011, 09:52
Sorry you don't like my responses. You asked for advice and based on my experience dealing with disabilities and the work place, i gave you advice as given to me from legal counsel.
Your first priority is making sure your wife has a safe, harassment free work place. The second it to follow up on any recourse she may be entitled to under ADA, city and state guidelines. I would strongly suggest you then read through the kroger employee handbook. Procure the latest one in print, you will be surprised what is in there.
thought that was odd, too--the only helpful response in the entire thread was not acknowledged
Lets look at the other side. The OP admits the company was being used as an entitlement. This is the problem the country faces trying to dig out of a the hole. It isn't just welfare bums who believe they are entitled. There are plenty of people who get up and go to work every day who have the same mentality. A corp is not an entitlement social program. It is an entity whose first responsibility is to the shareholders. This is a federal law if they are publicly traded.
Unless you enter into a binding contract that specifies certain obligations on both parties, in Colorado, either party can terminate for any reason. The fact that some employers tend to tiptoe and others are more outright when asking you to leave their employment does not alter the laws as they stand. And we are a society of laws.
It is high time that employers stop providing health insurance and allow everyone to go out and buy their own. Once "EVERYBODY" is on the same level playing field, the free market will kick in just like it has with all other insurance. But that will never happen while the status quo is allowed to continue.
Richard K
10-11-2011, 14:16
Help me a little here. You know this how?
20 years as administrator/upper management at a large department and then owning my own business for another 15 years and dealing with the ADA.
Great-Kazoo
10-11-2011, 14:37
Jim, in no way did I want to offend you. I am so sorry. After a day full of contacting and trying to contact all the places that have been recommended to us here I was mentaly frazed. The last two or three responses caught me by supprise when the thoughts turned to prayers and concern for my wife and her health. It was an up lift to have help and something done right at that time and not have to think about the long road ahead with legal counsel and finding the right city/state recourses that may be able to help us. Please except my deepest apology. I was in no way blowing you off. I will be searching out ADA regs today and start the process of finding someone to represent us. We do have a paper trail in hand from the very first time I became aware there could be a problem. Letters from all the doctors to her store manager to bills from the hospital for her portion for MRI's and nero work that she had done. Everything up to the letter from Kroger giving her the last 2 options to stay employed with them. Thank you again for your advice and shareing with us what you have gone threw.
My Best, Jess
No problem you received my pm?
I completely sympathize with your situation. But I don't think the company did anything outside their right. My dad works for John Deere and they kindly ask people to leave all the time. Once they get in their 60's they look to get rid of most of them. If people don't seem they want to leave they say they may move them. I mean come on, an employee can leave anytime they want and leave the company high and dry but a company can't terminate an employee? Doesn't seem fair to me. It's unfortunate it happened it happened to you guys and I'd mad too but think of it this way at least it's not a single mother with two kids you know? Unfortunately when you get older and around retirement age they try to get you out the door. the benefits is arguable but still a gray area to me.
colorider
10-11-2011, 16:09
God bless you and your wife and I wish you the best of luck and hope it all works out.
With that, I will add some information. Your wife displayed behavior that clearly showed the company that she was no longer fit to perform her job position in her current health. They offered her a position that she would be more suited for,and more to her capabilities. She resigned.
I hate to say it because your situation sucks, but lawyering up may just suck your pockets dry in their fees. Kroger has some serious H/R training and the case is going to be really tough. You have a strong emotional tie to the situation which can fog the reality.
Talking to lawyers can be tough. A lot of them will tell you that you have a stong case, only to bill the **** out of you and when the case flops in the favor of Kroger, they say well, I thought we had a strong case. Billable Hours is what puts food on the table and the longer it can go,, the more $ in the pockets.. I know, I come from a long family of Lawyers. (I am the farthest thing from one).
Again, best of luck and best to your wifes health.
I have a little more information that maybe could add too or help our situation. My wife resigned on the 7th of this month. At that time the HR manager had her sign a paper and stated that her final pay check after she resigned would have her final hours, personal days and pro rated vacation days added. She just received he final check and it did have her hours worked and also pay for her personal days. However she did not receive anything for vacation days she had built up. Also even though she had resigned and had no health insurance they deducted her portion that she used to pay for health care taken out of her final check anyway. Is this standard or should that or those deductions for health care not have been taken out when they had excepted her resignation and knew she had no health care anymore and would not be working there to re start it? We are not trying to sue or go after Kroger simply to try and get money out of them just trying to be fair in what they may owe her.
Thanks again for all the help everyone has offered here.
ChunkyMonkey
10-14-2011, 11:38
I think it's a poor choice to post this here. Do your wife and yourself a favor by consulting some lawyers.
Best of luck to you.
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