Long rant-Need advice

[JlazyH]

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]

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.

[JlazyH]

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.

[sniper7]

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]

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.

[JlazyH]

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?

[roberth]

Call the union and see if they will represent her.

[StagLefty]

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.

[Monky]

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.

[Mazin]

Lawer up and most likely they will settle way before court because they don't want the publicity.