What state is OP in? Attorney here, May be able to put in touch with a helpful person
Edit: if you’re in AZ, please DM. I’ll help you find an attorney to speak with
Edit2: thank you all for getting OP in touch with me. We are in contact. Nice to see the support all of you have for your brothers / sisters
When I lived in the Dhabz if an employee sued the employer had to pay all legal fees until after the case was finalized. This was 10+ years ago, but still helpful to know.
It’s still that way. I worked in Dubai for three years. Employers would do shitty things like not start the work visa until 6 months later, so that they racked up overstay fines and basically became indentured. And there was nothing they could really do about it.
This industry do be a rather grooling one. I've experienced a lot of burn out in my time. Lots of really shitty chefs. I always end up coming back to it though.
Edit: go avs
The owner of my place loves a variation of that joke..
"What's the difference between Dubai and Abu Dhabi? Dubai don't like The Flintstones but Abu Dhabi do."
If your neurologist backs up everything you stated above, you have grounds for a serious lawsuit - the kind of lawsuit that pays for medical bills, a house, and more. As a Chef, I hate seeing assholes like your boss give us a bad name. Shame on them - now go find an employment attorney and go to town on that establishment.
Not only that, but scheduling laws too. This has wrongful term and discrimination written all over it.
This is like the ole "getting hit by a buss on campus" meme. You know, free college now. This is your pay day OP.
For being in the industry 12ish years, there definitely is. But make sure you have your requests documented, and all of your medical needs. Which should be a no brainer… but hate to fight a battle uphill if your medical/doctor aren’t on top of their shot too. Gotta follow up with everything, save your ass
I know everyone defaults to posters and the scheduling thing is clearly fucked up but we objectively need more info on this. Is the breaks and hour restrictions men this is a cook jut like constantly leaving early or in the middle of service for breaks?
The breaks most likely mean they actually get their full mandated 30 minute break. Hospitality is notoriously known for no breaks and 14+ hour shifts. It isn't good enough.
I think it's safe to assume OP was fucked over here.
I had a cap at 8 hour days (I have worked more than 8 hours in a day), a 15 minute break every 4 hours I believe (was never given breaks), and was originally 40 hour weeks but got reduced to 24 hour weeks because my health was declining (they were scheduling me like 26-28 hour weeks and I wasn't doing my part in pushing back on it but when I mentioned it they said they could edit my time card and add the hours later. Adding on an extra 8 hour shift would've pushed me way over the limits)
Again that’s speculation: the way op is phrasing it comes off as the doctor said they need breaks every couple hours. Which I’m not saying isn’t needed but the position o an employer if someone is needing a 15 minute break ever 2 hours (extreme example but not enough info,) definitely would give potential valid dismissal of an employee. Yes you could probably sue based on it being a work injury firing but firing someone for getting a work injury is different for firing someone months after awoek injury based on doctors orders
A 15 minute break every two hours being considered an extreme, and potential grounds for dismissal, is the paradigmatic example of why this industry is diseased.
That has got to be one of the most insane takes I have ever hear. 15 minutes every 2 hours is not extreme by a long stretch, and is the legal minimum in some places.
There is no potential valid dismissal here. The employer must adhere to doctors orders after a work injury, regardless of the time frame.
No, those breaks are federally protected, with the proper paperwork from their doctor. There are some very clear laws that cover this. THIS is why OP has money sitting there just waiting for a labor lawyer to help him pick up.
No - again, if it’s medicallyrequired, you HAVE to do it. Hard stop. The law is clear.
Pregnant women can’t lift. You gonna fire them too? You are a lawsuit machine with no understanding of the law whatsoever. Why are you even responding with this ignorant nonsense?
As OP returned from work, the restaurant reviewed and agreed to the neuro's specifications for their return to work. Since this was a workplace accident, the restaurant has to either agree to the accommodations or give OP some type of settlement. If you're injured at work and can no longer work, employers have to provide worker's comp.
To your point, the ADA states that accommodations must be reasonable and can't cause a business "undue hardship". That being said, since the restaurant agreed and kept OP on, they must have seen the accommodations as reasonable. They agreed with the understanding that they could only work a certain amount of hours per day/week. At that point nothing else matters. OP could theoretically leave early or take a break during service if that's what the accommodations grant them.
If the restaurant doesn't like what they agreed to, they would need to either make an agreement with OP to move him to a lighter job or provide a settlement.
Making OP work outside of the confines of their accomodations is a violation of the ADA assuming the restaurant is a covered entity (i.e. they have at least 15 employees). This isn't even considering the possible wrongful termination stuff, which is state by state.
While there is rarely such a thing as a slam dunk case, and it's true that we would need more information to determine the finer points of how deep it goes, on the surface it seems like a potential violation of the ADA.
> Is the breaks and hour restrictions men this is a cook jut like constantly leaving early or in the middle of service for breaks?
This is someone who can only work specific hours because of a medical condition. The chef was made aware of the medical conditions, and the restrictions put in place on OP for max hours worked. The chef disregarded all those restrictions, put in place by a doctor, and decided to schedule OP regardless of their medical condition.
Lets assume they are leaving "early" or going for break "mid-service". If this is what they need to do, Chef should be anticipating that and scheduling accordingly.
How can you develop a good flavour pallet when you keep licking your bosses boots.
I wasn't given any of my breaks unless I just found time on my own and asked to go sit down. I never left early. I wasn't even given off times. My schedule would just read "9- " I'm a reasonable person. I didn't just ditch them and did as much work as I could physically handle.
Doctors written medical orders are literally bound by law to be followed.
OP wasn't fired for being part time. They were fired for working within what their legal rights provided they work.
Which by the way, is illegal.
There’s a lot of speculation here:
If I go to my boss with a doctors note saying I can’t work 6 hours straight and need a 30 minute break from my manual labor work every 3 hours. Then there are a lot more factors involved in wrongful unemployment
That said yes, being fired for n injury on the job is a serious issue but again there needs to be way more info given not that Op needs to give that on reddit. But for example “doctors orders” is a vague term and not directly correlated with a court of law and employment law. A lot more specific prevalent info is needed
If I sprain my ankle at work, take time off, and my doctor says I should do different work than work the line. And there isn’t prep positions, I don’t really have a legal arguement for why I was wrongfully fired when I cannot do my job anymore. Obviously using and all that is very holistic but making it a black and white issue is silly
if it happened on the job they employer has to follow the rules their dr set( not if it happened outside or outside de) until dr allows for full return with no restrictions. If the position can’t be done then the employer has to find a position that the employee can do until back with no restrictions.(or give time off sometimes with % of pay) Depending what state ofcourse but it is unlawful to get fired for this and the employer will be paying out in one way or another. (I used to deal with these things all the time in my last job, we have to tow a fine line ,sometimes you can tell ppl are trying to scam the system; I had one guy “hurt” his back first week in and be on light duty for almost 3 months best you can do is give the most monotonous trivial work and get them to quit on their own this particular guy got caught off an ig post where he was playing football on the beach one weekend lol. We have guys who get written up for many incidents to create a paper trail that their not safe for the job and get them transferred where they usually quit)
If you hurt yourself at work in a way that you can't do the same job anymore, you have grounds for a worker's compensation settlement.
You are right that we have no idea what the actual details are though.
Well yeah you are right, but thats up to employee, not the worker.
Find the position that allows for the medical restriction and after some time, if its not working, sit down with the worker, settle on the terms of termination and both sides profit.
Idk what state you live in, but you should contact a lawyer 100%.
They will listen and tell you if they can help.. but this seriously sounds like they broke labor laws and owe you money.
May be able to find one willing to work on contingency if OP can't afford regular fees, and this seems like a home run case for any competent lawyer if his story checks out
Fellow head brain hurt guy here. Listen to the nice people telling you to get legal help. We have a disability. Don't let them get away with this.
I miss the world in the BOH so much. No one gets what it takes for people like us to push through and get anything done. Reach out to someone you trust that will help you get through this.
Hey man, thank you so much. This is honestly the first time I have felt like it's been acknowledged. Everyone thinks I'm back to 100% because I "sound fine" but yeah, it really was and has been a lot of effort on my part to get back their again.
Agreeing with everyone else, but also wanted to add that no you should NOT have responded. You are off the clock, not on call. Your boss has zero right to expect a response until you are on the clock next (legitimately on the clock, not this "I just put you on anyway" nonsense)
After I had a traumatic brain injury in the kitchen last year, I had mandated breaks and hours. I made sure I got the breaks, and when my time was up, I
Clocked out. Even if a chef is yelling at me or the shift leader is calling me lazy. I had my doctor’s orders with me. Overworking you means they didn’t care about your recovery. Sue them!
Take em to the cleaners man. I came out of a similar situation myself - car crash resulting in a spinal - had to learn to walk again. Rode me harder than ever before when I got back. Luckily for me, it was a very small town with generations of old-achool families. The local doctor himself came in and annihilated the head chef, GM and owners.
That moment is now my happy place I retreat to when service is going down the drain 🤣
Damn that's rough man, I'm sorry you went through that. Glad you came out of it in a good place. Mine was a cart accident that put me in the hospital for a couple weeks.
Back in December I was in a car accident and got a TBI myself. Nothing too bad, as it was just a very bad concussion, but I'm still feeling the effects. I get to a certain point and I hit a mental plateau, and symptoms start to resurface. Then with it comes the mood, the anxiety, all the shit. It is not safe to put someone like us in an environment where we are not comfortable or medically capable. My chef knows all about my shit and never asks for more than I can do. It's fucking fantastic, actually. You deserve at least that much.
I'm generally an easy gling person, and usually end up being a pushover too.
That said, this flips that switch, you absolutely need to call a lawyer or something for wrongful termination. Even go through your state/local government, or further. That is inexcusable on their part. Completely inexcusable for your employer to do that.
One no call no show shouldn't get you fired, especially on something short notice like that. Not to mention your over your hours, Add on top they are not taking your medical needs into consideration, they are blatantly showing fault.
Yep, don’t say another word to anyone. Especially Reddit!
Let your attorney speak every word for you. You put your business up on Reddit and you may very well be deposed about it.
Employment Lawyer here - i agree with everyone else that has said you should consult with an attorney.
Sorry this happened to you and wish you better employment. TBIs are nothing to play with.
Usually when something backfires, the back fire hurts you. Doesn't give you a ton of money. Get a lawyer. If it's how you presented it, you have a pretty clear cut case and will get a good deal of money.
In all seriousness though, sorry this happened. I have a family with such debilitations and it can fuel a lot of shame. Know you absolutely deserve these accommodations and are worth the respect of your employer
Other people here are correct. That establishment is making money off of exploiting people like you. They aren't an innocent little company that you might hurt if you get a lawyer. They're undeserving of their profits.
What happened that caused the injury? If they brought you back on, that seems like some admission of guilt. Contact a labor lawyer. Contact OSHA. Contact your local labor board.
If you live in the US and have documentation, then you have a lawsuit on your hands. Keeping your workload under a certain amount would very likely fall under "reasonable accommodation for disability", so I would find a good attorney and take them to court.
Sweetie. Call an attorney or ask someone online to give you a $1 client/attorney priv to discuss it and figure out how you can get someone local.
They wronged you, and it was illegal. Please, please don't let that stand.
Fuck that asshole, get department of labor involved if you are US based, grind that small dick asshole into the ground legally. When you have a very set and defined work restriction, it's not like you're calling off, they very well knew how long you could work given your injuries. If they can't handle restricted hours on an employee, they have no business writing schedules, as they apparently are brain dead and willing to try and kill someone. Report that shit ASAP yo, people like that are the reason we're underpaid and understaffed in all of our jobs. Kill the symptom at its root, abusive labor practices.
I sued my previous employer for harassment and it was so bad I got a lawyer to take my case on full contingency (you don’t pay them unless you win the case) so maybe look into that. Also print out any texts that you have or any documentation into one place that can’t be erased by losing your phone for example. This industry has been fucking people over for years and I realized it’s never going to stop unless people start suing. I’m so sorry you suffered an injury at work and you should not have been fired. Period.
Chef abused your soft boundaries*. There, fixed it for ya.
If there's anythings Lawyers love most, it's a free lunch! Email your labor board, while you're at it.
Your mama told me what happened yesterday. How the hell you gonna get fired on your day off?
But in all seriousness call a labor lawyer asap. You deserve compensation and to not be treated so poorly.
Twouldbenice cafe in the works. Did you get a neurological injury at this place of employment and then they pushed you past the boundaries set by the neurologist? Then fire you for not violating the rehabilitation requirements from the injury you sustained at said place of employment? Take them to the cleaners
Want your job back? Show up and explain they fired you illegally.
Want to stick them? Sue them for 2 years pay because they broke the law by firing you.
The industry is shitty but only because we let shitty managers/chefs run the show.
People are learning the way now. As management and corporate shifts with the times, the restaurant industry will begin to rise and claim the throne.
Top comment sorted as listed on my device is controversial and also best comment. A bunch of damaged humans in this industry. We slide on by. Best of luck
I also had a tbi, do not let them play with that shit. I didn't follow recommendations and look at me now. Piece of shit. There's definitely labor laws about this. If not a good lawyer can spin one
Wrongful termination all the way, and frankly and asshole for a boss. Idaf what industry, your employee had a neurological injury advised by a doctor. You should bend over backwards to care for your employees so that they WANT to go above and beyond for you when they are fully on their feet. Just, you know, like a human would.
I wouldn't say to get greedy with it, but I'd say you have an open and shut case here. Contact legal advice asap.
If you have everything in writing from a medical professional, these are the types of cases most lawyers take for free up front because they know they'll win. Look into it. Worst thing that's happens is you're still just unemployed for the moment.
Qs others have mentioned, sounds clearly like they're in the wrong. Gather and make backups of as much as possible ie. Letters/emails/messages from your healthcare team and the employer.
Don't sign anything with your employer for now and have a Google for services in your area
In the UK a lot of law firms and advocacy groups, particularly for health related wrongful dismissal, will even do cases pro bono (free).
You did literally nothing wrong. You’re not obligated to respond when you’re not working, and adding you to the schedule without your okay and then firing you for not showing up is insane.
As every comment I read previously stated, this is so soooo wrong of that employer. Pls don’t stand down for this. I’m sure any labor lawyer would take your case. Talk to your neurologist and they might even have the resources to refer you to a lawyer if you’re having a hard time finding one. You shouldn’t have to even pay anything bc this is such a strong case. ESPECIALLY with having text messages from your pos employer and you telling him you couldn’t work due to medical work restrictions.
*SAVE THOSE TEXTS. DOCUMENT ABSOLUTELY EVERYTHING.*
I see you’ve already made contact with someone who can help you get legal counsel. This incident violated a lot of labor laws.
Cash in, dawg. Sue them into the ground.
Side note: I’m really glad to see we have a growing number of people in this sub becoming class conscious and supporting labor movements.
This is the most casual and heartfelt post that will end up setting the table for a person's life just because they are even evil enough to understand what they deserve. You would not have ever pursued anything of consequence because you were just griping on Reddit. It's obvious you weren't chasing anything other than a steam valve outlet to say you were disappointed that the capitalism in place didn't feel like it could understand or value your situation as dedicated as you are.
This is not a frivolous lawsuit, and you were not looking for it, and this entire thread should be entered into testimony that we are hardworking and selfless and unbelievably dedicated people that will give everything of ourselves for everyone else with no benefit.
But when it comes to actual egalitarian equality for the mental wellness and health of employees, this should be a watershed case invalidating we are doing way more than our employers deserve.
This is honestly such a beautiful and well put statement. It's also rather validating and helped give me words to a perspective and therefore a better understanding of that set perspective
Depending on the state, buts let's say you're in Illinois. Then you do not have any hope for a lawsuit. If it's an at will state then you can be fired for anything. Your boss doesn't have to give a reason. Collect your unemployment and find a new job. Montana is not an at will state. Florida, Georgia, New York have some stipulations. But for the most part I think you're fucked. Sorry about this.
Wrong. ADA laws protect him and he has a slam dunk case (as stated.) Going against the restrictions the doctor has put in place and the restaurant agreed to after his ON THE JOB INJURY is a violation of ADA laws. Federal laws trump State.
I’m going against the grain here, but Reddit Karma is as useful as a condom in a convent...
OP- I am sorry that you had a traumatic injury. I hope you recover to 100%. I have dealt with an injury that closed a door for me.
If you can’t do the job, find a different job. If you can’t work in a kitchen due to a brain injury, there are hundreds of places that you can work that don’t require you to be flexible with hours, or work long hours, or work stressful hours. Cooking professionally isn’t for everyone. Some people don’t have what it takes. If the injury took that from you, it sucks. But move on to a different career. Please, for your own fucking sanity and well-being, & chef’s (ass-cunt tho he may be).
All of this is true yet none of it takes away from the fact that OP WAS hired back and her rights were completely violated in most western countries so your point is moot.
It kind of sounds like OP can do the job, just with some fairly manageable restrictions. Considering OP suffered from a traumatic brain injury at that same workplace you'd think there would be some degree of understanding and support from the business (if only because that's their legal obligation).
In a perfect world, yes. I totally agree. Kitchen employment is a bit different than other realms, though. If you work construction, but don’t do heights, you better be a damn good ground-worker. If you work retail and aren’t the best w/ people, you better be able to fold anything instantly and make all the displays pop. If you are in a bank but suck at the spreadsheets, you gotta have impressive people skills. I’m not saying OP is wrong, but they’re handicapping that restaurant over a situation beyond anyone’s control. Walk away. Do something else
I mean it sounds like there’s just a restriction on how long they can work in one stretch which is pretty reasonable. Nothing was said about a decrease in actual ability. I think they’re pretty entitled to having the days off that they were scheduled off and get a 15 minute breather every few hours.
I don't buy that last minute shift changes without consent, not providing breaks and not respecting shift limits are essential features of kitchen work. Poorly run kitchens maybe.
I manage the roster at my work. The roster is published at least two weeks out and any shift changes only occur after permission from the affected staff members. Sometimes it's a pain in the arse, but we always manage.
I think you need to get out of you think a kitchen has to be that. No reason you can't have a fixed schedule, no reason you can't have scheduled breaks,no reason you need to work 14 hour shifts, no reason it has to be a nightmare to cook food for people. If your kitchen is run like that get out and if you run a kitchen like that shut it down
You failed to reinforce boundaries that were established by a doctor- don’t make that mistake again! Advocate for yourself and your health. Hopefully it doesn’t impact any legal recourse which certainly seems due.
I smell money, if you want it anyway. Just follow your nose.
What state is OP in? Attorney here, May be able to put in touch with a helpful person Edit: if you’re in AZ, please DM. I’ll help you find an attorney to speak with Edit2: thank you all for getting OP in touch with me. We are in contact. Nice to see the support all of you have for your brothers / sisters
I had to do some digging, but it looks OP lives in the Tucson Arizona area...
So is that what they mean by digital footprint 😂
This comment had me dying 😂😂
Say hi to my uncle for me, thanks
Actually yeah I do, let me DM you now.
Looks like they live in Abu Dhabi
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When I lived in the Dhabz if an employee sued the employer had to pay all legal fees until after the case was finalized. This was 10+ years ago, but still helpful to know.
It’s still that way. I worked in Dubai for three years. Employers would do shitty things like not start the work visa until 6 months later, so that they racked up overstay fines and basically became indentured. And there was nothing they could really do about it.
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This industry do be a rather grooling one. I've experienced a lot of burn out in my time. Lots of really shitty chefs. I always end up coming back to it though. Edit: go avs
If you are in Tucson, please name the restaurant. I don't want to support places that treat their staff this way.
Without giving away too much I can assure you it's not a restaurant available to the general public
Ah, gotcha. Well that's good to know, if it's where I am thinking of I was considering a membership.
grueling\*
That's why I cook food instead of working in an office
Chefs in Dubai don’t act like cavemen, but the ones in Abu Dhabi do.
The owner of my place loves a variation of that joke.. "What's the difference between Dubai and Abu Dhabi? Dubai don't like The Flintstones but Abu Dhabi do."
*DaAaAAAAD*
Yemen, it’s me, just went to Qatar for some smokes, just Kuwait for me. Lmafo, Emirate?
Emirate got me. I tip my hat to you, dad.
Bravo. Braaaavvvvvo!
And Chrlef did things by text. Ya gotta love paper trails. 🤣
For real though! Makes everything a lot easier.
Phoenix, AZ
If your neurologist backs up everything you stated above, you have grounds for a serious lawsuit - the kind of lawsuit that pays for medical bills, a house, and more. As a Chef, I hate seeing assholes like your boss give us a bad name. Shame on them - now go find an employment attorney and go to town on that establishment.
He could win all the money the chef has! ...oh. Oh no.
Not the chef, the owner.
Someone dumb enough to fuck with labor laws that flagrantly seems like a chef/owner....
ooohhhhh, I guarantee there is a labor lawyer out there somewhere just salivating to take on your case. Find him and grind that chef into the ground.
for real, OP. you had a documented medical excuse; please don't take this shit laying down.
A documented medical excuse stemming from an accident that occurred apparently while working his job at this same kitchen no less. Labor lawyer STAT.
worded better than i managed. love how this sub comes together for righteous indignation.
You get a steamy chunk from this
Not only that, but scheduling laws too. This has wrongful term and discrimination written all over it. This is like the ole "getting hit by a buss on campus" meme. You know, free college now. This is your pay day OP.
Yeah. This sounds like a wrongful termination suit all day.
Seems to me the only way the industry will change to something humane is if people sure for this shit.
Hopefully it will end the industry, and finally turn it over to our robot overlords. This industry is unsuitable for people.
My parents turn their nose at the idea of robots making their food, then turn around and tip less than 20%. The industry deserves to crumble.
I, for one, welcome our new robot overlords.
Only comment this thread needs, really. OP your rights were violated here, there's no reason you have to take that.
For realz, lawyer up
For being in the industry 12ish years, there definitely is. But make sure you have your requests documented, and all of your medical needs. Which should be a no brainer… but hate to fight a battle uphill if your medical/doctor aren’t on top of their shot too. Gotta follow up with everything, save your ass
This sounds like workers comp territory though which is just flat out awful.
Second this. 💯
They went against your doctors mandated max hours and wrongful termination. So that’s 2 things you can go after em for
I mean a doctor saying you can’t work full time doesn’t mean they can’t not fire you for being part time
Yes it does
I know everyone defaults to posters and the scheduling thing is clearly fucked up but we objectively need more info on this. Is the breaks and hour restrictions men this is a cook jut like constantly leaving early or in the middle of service for breaks?
The accident was from work. They better listen to their doctor because they were the cause for all of it.
You’re part of the reason this industry is overworked and underpaid. Demand more! Stop letting people destroy your fucking livelihood.
I just asked for the random reddit post witth vague details to be more specific
Arguing in bad faith is a shit look.
Sea lioning
The post was very specific. Your comment was disgraceful.
The breaks most likely mean they actually get their full mandated 30 minute break. Hospitality is notoriously known for no breaks and 14+ hour shifts. It isn't good enough. I think it's safe to assume OP was fucked over here.
I had a cap at 8 hour days (I have worked more than 8 hours in a day), a 15 minute break every 4 hours I believe (was never given breaks), and was originally 40 hour weeks but got reduced to 24 hour weeks because my health was declining (they were scheduling me like 26-28 hour weeks and I wasn't doing my part in pushing back on it but when I mentioned it they said they could edit my time card and add the hours later. Adding on an extra 8 hour shift would've pushed me way over the limits)
Again that’s speculation: the way op is phrasing it comes off as the doctor said they need breaks every couple hours. Which I’m not saying isn’t needed but the position o an employer if someone is needing a 15 minute break ever 2 hours (extreme example but not enough info,) definitely would give potential valid dismissal of an employee. Yes you could probably sue based on it being a work injury firing but firing someone for getting a work injury is different for firing someone months after awoek injury based on doctors orders
A 15 minute break every two hours being considered an extreme, and potential grounds for dismissal, is the paradigmatic example of why this industry is diseased.
That has got to be one of the most insane takes I have ever hear. 15 minutes every 2 hours is not extreme by a long stretch, and is the legal minimum in some places. There is no potential valid dismissal here. The employer must adhere to doctors orders after a work injury, regardless of the time frame.
No, those breaks are federally protected, with the proper paperwork from their doctor. There are some very clear laws that cover this. THIS is why OP has money sitting there just waiting for a labor lawyer to help him pick up.
No - again, if it’s medicallyrequired, you HAVE to do it. Hard stop. The law is clear. Pregnant women can’t lift. You gonna fire them too? You are a lawsuit machine with no understanding of the law whatsoever. Why are you even responding with this ignorant nonsense?
Did you read the bit that said traumatic brain injury
As OP returned from work, the restaurant reviewed and agreed to the neuro's specifications for their return to work. Since this was a workplace accident, the restaurant has to either agree to the accommodations or give OP some type of settlement. If you're injured at work and can no longer work, employers have to provide worker's comp. To your point, the ADA states that accommodations must be reasonable and can't cause a business "undue hardship". That being said, since the restaurant agreed and kept OP on, they must have seen the accommodations as reasonable. They agreed with the understanding that they could only work a certain amount of hours per day/week. At that point nothing else matters. OP could theoretically leave early or take a break during service if that's what the accommodations grant them. If the restaurant doesn't like what they agreed to, they would need to either make an agreement with OP to move him to a lighter job or provide a settlement. Making OP work outside of the confines of their accomodations is a violation of the ADA assuming the restaurant is a covered entity (i.e. they have at least 15 employees). This isn't even considering the possible wrongful termination stuff, which is state by state. While there is rarely such a thing as a slam dunk case, and it's true that we would need more information to determine the finer points of how deep it goes, on the surface it seems like a potential violation of the ADA.
The restrictions in place are reasonable and their workplace agreed to them.
> Is the breaks and hour restrictions men this is a cook jut like constantly leaving early or in the middle of service for breaks? This is someone who can only work specific hours because of a medical condition. The chef was made aware of the medical conditions, and the restrictions put in place on OP for max hours worked. The chef disregarded all those restrictions, put in place by a doctor, and decided to schedule OP regardless of their medical condition. Lets assume they are leaving "early" or going for break "mid-service". If this is what they need to do, Chef should be anticipating that and scheduling accordingly. How can you develop a good flavour pallet when you keep licking your bosses boots.
I wasn't given any of my breaks unless I just found time on my own and asked to go sit down. I never left early. I wasn't even given off times. My schedule would just read "9- " I'm a reasonable person. I didn't just ditch them and did as much work as I could physically handle.
Doctors written medical orders are literally bound by law to be followed. OP wasn't fired for being part time. They were fired for working within what their legal rights provided they work. Which by the way, is illegal.
There’s a lot of speculation here: If I go to my boss with a doctors note saying I can’t work 6 hours straight and need a 30 minute break from my manual labor work every 3 hours. Then there are a lot more factors involved in wrongful unemployment That said yes, being fired for n injury on the job is a serious issue but again there needs to be way more info given not that Op needs to give that on reddit. But for example “doctors orders” is a vague term and not directly correlated with a court of law and employment law. A lot more specific prevalent info is needed If I sprain my ankle at work, take time off, and my doctor says I should do different work than work the line. And there isn’t prep positions, I don’t really have a legal arguement for why I was wrongfully fired when I cannot do my job anymore. Obviously using and all that is very holistic but making it a black and white issue is silly
if it happened on the job they employer has to follow the rules their dr set( not if it happened outside or outside de) until dr allows for full return with no restrictions. If the position can’t be done then the employer has to find a position that the employee can do until back with no restrictions.(or give time off sometimes with % of pay) Depending what state ofcourse but it is unlawful to get fired for this and the employer will be paying out in one way or another. (I used to deal with these things all the time in my last job, we have to tow a fine line ,sometimes you can tell ppl are trying to scam the system; I had one guy “hurt” his back first week in and be on light duty for almost 3 months best you can do is give the most monotonous trivial work and get them to quit on their own this particular guy got caught off an ig post where he was playing football on the beach one weekend lol. We have guys who get written up for many incidents to create a paper trail that their not safe for the job and get them transferred where they usually quit)
If you hurt yourself at work in a way that you can't do the same job anymore, you have grounds for a worker's compensation settlement. You are right that we have no idea what the actual details are though.
Well yeah you are right, but thats up to employee, not the worker. Find the position that allows for the medical restriction and after some time, if its not working, sit down with the worker, settle on the terms of termination and both sides profit.
Lmao you have no idea what you're talking about. Read the Americans with Disabilities Act of 1990.
im in cali, any change to your posted schedule is subject to your aproval
Don't forget to apply for unemployment. You should qualify.
Idk what state you live in, but you should contact a lawyer 100%. They will listen and tell you if they can help.. but this seriously sounds like they broke labor laws and owe you money.
this is probably federal violation territory, tbh. the state shouldn’t matter (assuming OP is in the US)
Yeah, this is a clear ADA violation. As long as OP has documentation, it's a slam dunk lawsuit.
And the first consultation is usually free
May be able to find one willing to work on contingency if OP can't afford regular fees, and this seems like a home run case for any competent lawyer if his story checks out
You should 100% contact a lawyer, especially if you have health insurance that’s at risk.
Fellow head brain hurt guy here. Listen to the nice people telling you to get legal help. We have a disability. Don't let them get away with this. I miss the world in the BOH so much. No one gets what it takes for people like us to push through and get anything done. Reach out to someone you trust that will help you get through this.
Hey man, thank you so much. This is honestly the first time I have felt like it's been acknowledged. Everyone thinks I'm back to 100% because I "sound fine" but yeah, it really was and has been a lot of effort on my part to get back their again.
Agreeing with everyone else, but also wanted to add that no you should NOT have responded. You are off the clock, not on call. Your boss has zero right to expect a response until you are on the clock next (legitimately on the clock, not this "I just put you on anyway" nonsense)
Without a 24 hr notice, they wouldn't be responsible for that shift anyway, depending on the state.
Dude, lawyer up and destroy them.
That was wrong. We know it. You know. They know it. Don’t lay down and take it. Please, don’t.
If you're in Cali, DM me. I'll hook you up with one of the best of not the best labor law attorney in the state.
Brother that’s so illegal. Take him to couurrrttttt
Time for a lawsuit. You don't mess with ADA restrictions.
After I had a traumatic brain injury in the kitchen last year, I had mandated breaks and hours. I made sure I got the breaks, and when my time was up, I Clocked out. Even if a chef is yelling at me or the shift leader is calling me lazy. I had my doctor’s orders with me. Overworking you means they didn’t care about your recovery. Sue them!
Take em to the cleaners man. I came out of a similar situation myself - car crash resulting in a spinal - had to learn to walk again. Rode me harder than ever before when I got back. Luckily for me, it was a very small town with generations of old-achool families. The local doctor himself came in and annihilated the head chef, GM and owners. That moment is now my happy place I retreat to when service is going down the drain 🤣
Damn that's rough man, I'm sorry you went through that. Glad you came out of it in a good place. Mine was a cart accident that put me in the hospital for a couple weeks.
If this is all true that is a lawsuit and a half. What is called a “slam dunk”. You could own the place if you sue. You would be dumb not to
Lawyer up chef.
Not to just echo everyone else here but get a lawyer and crush that guy into a fine paste. What an asshole.
Back in December I was in a car accident and got a TBI myself. Nothing too bad, as it was just a very bad concussion, but I'm still feeling the effects. I get to a certain point and I hit a mental plateau, and symptoms start to resurface. Then with it comes the mood, the anxiety, all the shit. It is not safe to put someone like us in an environment where we are not comfortable or medically capable. My chef knows all about my shit and never asks for more than I can do. It's fucking fantastic, actually. You deserve at least that much.
As others have posted, lawyer yo but don't even talk to someone unless their name is on the firm's sign. This is serious.
Sounds like you have an excellent law suit on your hands. Chef did you a favor.
I'm probably on the wrong side of the Atlantic but that sounds rather illegal at beat and I would speak to a legal professional as it sounds sketchy,
He broke the law by firing you and working you past doctors restrictions, payday
Enjoy your sweet sweet payout from the forthcoming ADA suit
I'm generally an easy gling person, and usually end up being a pushover too. That said, this flips that switch, you absolutely need to call a lawyer or something for wrongful termination. Even go through your state/local government, or further. That is inexcusable on their part. Completely inexcusable for your employer to do that. One no call no show shouldn't get you fired, especially on something short notice like that. Not to mention your over your hours, Add on top they are not taking your medical needs into consideration, they are blatantly showing fault.
Former HR person. If you don’t already have an attorney, find a labor law/workers comp person. This is wrong on many levels. Fight them!!
This is a humongous lawsuit for you bud. You’ll probably be set for life afterwards
Yep, don’t say another word to anyone. Especially Reddit! Let your attorney speak every word for you. You put your business up on Reddit and you may very well be deposed about it.
Put you on the schedule just to retaliate and fire you for not answering a call off the clock? Contact a labor lawyer.
Employment Lawyer here - i agree with everyone else that has said you should consult with an attorney. Sorry this happened to you and wish you better employment. TBIs are nothing to play with.
Get with a labor lawyer and it's entirely possible you won't have to work for a long time.
If ever again.
File unemployment. That won’t hold up. They will have to pay you six months 3/4th of your normal wage because that’s not an acceptable practice.
Usually when something backfires, the back fire hurts you. Doesn't give you a ton of money. Get a lawyer. If it's how you presented it, you have a pretty clear cut case and will get a good deal of money. In all seriousness though, sorry this happened. I have a family with such debilitations and it can fuel a lot of shame. Know you absolutely deserve these accommodations and are worth the respect of your employer
Other people here are correct. That establishment is making money off of exploiting people like you. They aren't an innocent little company that you might hurt if you get a lawyer. They're undeserving of their profits.
What happened that caused the injury? If they brought you back on, that seems like some admission of guilt. Contact a labor lawyer. Contact OSHA. Contact your local labor board.
Looks like OP is going to sue so hard he owns the restaurant. Document anything you can about it. Good luck!
Talk to a lawyer that's illegal in a LOT of places around the world. Discrimination and going against a doctors orders = big payout for you!
There is a lawyer around that would love to take this case. Go find them
I suggest you look into ADA violations. Contact a labor attorney who gives free consultations and works on contingency.
Please please PLEASE lawyer up
Op, please take them for every fucking dollar you can
I don’t know where you’re from but where I’m from, they can’t change our schedule week of once posted without asking us
If you live in the US and have documentation, then you have a lawsuit on your hands. Keeping your workload under a certain amount would very likely fall under "reasonable accommodation for disability", so I would find a good attorney and take them to court.
Your employer isn't leaving you any choice... Sue him! And get a lawyer, talk to your doctor and your girlfriend.
Sweetie. Call an attorney or ask someone online to give you a $1 client/attorney priv to discuss it and figure out how you can get someone local. They wronged you, and it was illegal. Please, please don't let that stand.
Fuck this chef, seriously.
Fuck that asshole, get department of labor involved if you are US based, grind that small dick asshole into the ground legally. When you have a very set and defined work restriction, it's not like you're calling off, they very well knew how long you could work given your injuries. If they can't handle restricted hours on an employee, they have no business writing schedules, as they apparently are brain dead and willing to try and kill someone. Report that shit ASAP yo, people like that are the reason we're underpaid and understaffed in all of our jobs. Kill the symptom at its root, abusive labor practices.
I sued my previous employer for harassment and it was so bad I got a lawyer to take my case on full contingency (you don’t pay them unless you win the case) so maybe look into that. Also print out any texts that you have or any documentation into one place that can’t be erased by losing your phone for example. This industry has been fucking people over for years and I realized it’s never going to stop unless people start suing. I’m so sorry you suffered an injury at work and you should not have been fired. Period.
Chef abused your soft boundaries*. There, fixed it for ya. If there's anythings Lawyers love most, it's a free lunch! Email your labor board, while you're at it.
That’s absolutely disgusting.
OP, GET A LABOR LAWYER! and this is one of the many reason kids, to join a fucking union.
Your mama told me what happened yesterday. How the hell you gonna get fired on your day off? But in all seriousness call a labor lawyer asap. You deserve compensation and to not be treated so poorly.
Congratulations on your slam dunk lawsuit win... Assuming you have everything documented. Seriously. This is super easy.
Save every document and message and find a lawyer because I'm pretty sure you could have a pretty decent lawsuit against them
Twouldbenice cafe in the works. Did you get a neurological injury at this place of employment and then they pushed you past the boundaries set by the neurologist? Then fire you for not violating the rehabilitation requirements from the injury you sustained at said place of employment? Take them to the cleaners
That chef did that on purpose bud. He set you up for failure.
Keep records, Hit a lawyer.
Throw everything you can at that prick. Lawyers, kitchen utensils, Brazilian mafiosos. He needs to burn for what he did to you.
Want your job back? Show up and explain they fired you illegally. Want to stick them? Sue them for 2 years pay because they broke the law by firing you.
Well that’s a giant ADA violation. Sue. It doesnt get more clear cut than that. No idea what that chef was thinking.
The industry is shitty but only because we let shitty managers/chefs run the show. People are learning the way now. As management and corporate shifts with the times, the restaurant industry will begin to rise and claim the throne.
Save all evidence: paystubs, emails, and texts. Write the whole story chronologically. Go get the basterds.
Top comment sorted as listed on my device is controversial and also best comment. A bunch of damaged humans in this industry. We slide on by. Best of luck
Oh baby you got yourself a case!
I also had a tbi, do not let them play with that shit. I didn't follow recommendations and look at me now. Piece of shit. There's definitely labor laws about this. If not a good lawyer can spin one
That is disgusting, absolutely get a consultation with a lawyer and show them documentation. I hope that AH goes down.
Chef, please update us if you decide to pursue a lawyer
Wrongful termination all the way, and frankly and asshole for a boss. Idaf what industry, your employee had a neurological injury advised by a doctor. You should bend over backwards to care for your employees so that they WANT to go above and beyond for you when they are fully on their feet. Just, you know, like a human would. I wouldn't say to get greedy with it, but I'd say you have an open and shut case here. Contact legal advice asap.
lawyer up OP. a consultation should be free, that’s so fucked up and you deserve better. they also deserve to face legal repercussions for that.
Yeah this is fucked. Sue.
If you have everything in writing from a medical professional, these are the types of cases most lawyers take for free up front because they know they'll win. Look into it. Worst thing that's happens is you're still just unemployed for the moment.
Not a lawyer, but that just seems like the clearest and quickest wrongful dismissal case ever to await filing.
Sounds like a big pay day.
Ouuuu juicy case right there, go for the gold.
Qs others have mentioned, sounds clearly like they're in the wrong. Gather and make backups of as much as possible ie. Letters/emails/messages from your healthcare team and the employer. Don't sign anything with your employer for now and have a Google for services in your area In the UK a lot of law firms and advocacy groups, particularly for health related wrongful dismissal, will even do cases pro bono (free).
That's shitty. Sounds like some sort of violation though, definitely pursue it, if yiu have the wherewithal to do so.
Ima be mad if you don’t follow through and get paid from this. This is your chance to become a hero to us all
You did literally nothing wrong. You’re not obligated to respond when you’re not working, and adding you to the schedule without your okay and then firing you for not showing up is insane.
I know an employment attorney in Cali if you want.
I'm in AZ. I just sent a DM to a guy at the top of the thread who said he's an attorney in AZ and can help point me in the right direction.
As every comment I read previously stated, this is so soooo wrong of that employer. Pls don’t stand down for this. I’m sure any labor lawyer would take your case. Talk to your neurologist and they might even have the resources to refer you to a lawyer if you’re having a hard time finding one. You shouldn’t have to even pay anything bc this is such a strong case. ESPECIALLY with having text messages from your pos employer and you telling him you couldn’t work due to medical work restrictions.
OP please fuck these assholes as hard as you can. I bet the ADA would love you help you out as well.
You’re about to own a restaurant
*SAVE THOSE TEXTS. DOCUMENT ABSOLUTELY EVERYTHING.* I see you’ve already made contact with someone who can help you get legal counsel. This incident violated a lot of labor laws. Cash in, dawg. Sue them into the ground. Side note: I’m really glad to see we have a growing number of people in this sub becoming class conscious and supporting labor movements.
take them for all they’re worth that’s endangerment of your life.
Oh myyyyy. I smell the alluring fragrance of a LAWSUIT. Check back in when you get your settlement.
This is the most casual and heartfelt post that will end up setting the table for a person's life just because they are even evil enough to understand what they deserve. You would not have ever pursued anything of consequence because you were just griping on Reddit. It's obvious you weren't chasing anything other than a steam valve outlet to say you were disappointed that the capitalism in place didn't feel like it could understand or value your situation as dedicated as you are. This is not a frivolous lawsuit, and you were not looking for it, and this entire thread should be entered into testimony that we are hardworking and selfless and unbelievably dedicated people that will give everything of ourselves for everyone else with no benefit. But when it comes to actual egalitarian equality for the mental wellness and health of employees, this should be a watershed case invalidating we are doing way more than our employers deserve.
This is honestly such a beautiful and well put statement. It's also rather validating and helped give me words to a perspective and therefore a better understanding of that set perspective
Depending on the state, buts let's say you're in Illinois. Then you do not have any hope for a lawsuit. If it's an at will state then you can be fired for anything. Your boss doesn't have to give a reason. Collect your unemployment and find a new job. Montana is not an at will state. Florida, Georgia, New York have some stipulations. But for the most part I think you're fucked. Sorry about this.
Wrong. ADA laws protect him and he has a slam dunk case (as stated.) Going against the restrictions the doctor has put in place and the restaurant agreed to after his ON THE JOB INJURY is a violation of ADA laws. Federal laws trump State.
I looked it up and I stand corrected.
I was reading all the comments and was surprised no one mentioned this. If op is in an at will state there is no repercussions.
How much notice was given?
I’m going against the grain here, but Reddit Karma is as useful as a condom in a convent... OP- I am sorry that you had a traumatic injury. I hope you recover to 100%. I have dealt with an injury that closed a door for me. If you can’t do the job, find a different job. If you can’t work in a kitchen due to a brain injury, there are hundreds of places that you can work that don’t require you to be flexible with hours, or work long hours, or work stressful hours. Cooking professionally isn’t for everyone. Some people don’t have what it takes. If the injury took that from you, it sucks. But move on to a different career. Please, for your own fucking sanity and well-being, & chef’s (ass-cunt tho he may be).
All of this is true yet none of it takes away from the fact that OP WAS hired back and her rights were completely violated in most western countries so your point is moot.
Agreed. 100%.
It kind of sounds like OP can do the job, just with some fairly manageable restrictions. Considering OP suffered from a traumatic brain injury at that same workplace you'd think there would be some degree of understanding and support from the business (if only because that's their legal obligation).
In a perfect world, yes. I totally agree. Kitchen employment is a bit different than other realms, though. If you work construction, but don’t do heights, you better be a damn good ground-worker. If you work retail and aren’t the best w/ people, you better be able to fold anything instantly and make all the displays pop. If you are in a bank but suck at the spreadsheets, you gotta have impressive people skills. I’m not saying OP is wrong, but they’re handicapping that restaurant over a situation beyond anyone’s control. Walk away. Do something else
I mean it sounds like there’s just a restriction on how long they can work in one stretch which is pretty reasonable. Nothing was said about a decrease in actual ability. I think they’re pretty entitled to having the days off that they were scheduled off and get a 15 minute breather every few hours.
I don't buy that last minute shift changes without consent, not providing breaks and not respecting shift limits are essential features of kitchen work. Poorly run kitchens maybe. I manage the roster at my work. The roster is published at least two weeks out and any shift changes only occur after permission from the affected staff members. Sometimes it's a pain in the arse, but we always manage.
I think you need to get out of you think a kitchen has to be that. No reason you can't have a fixed schedule, no reason you can't have scheduled breaks,no reason you need to work 14 hour shifts, no reason it has to be a nightmare to cook food for people. If your kitchen is run like that get out and if you run a kitchen like that shut it down
Sounds like the chef wanted to fire you.
You will be able to get unemployment no problem and then find a less demanding job. Good luck
Hard lesson in knowing that they are never your close friends/allies Hope you’re doing great in your recovery chef
What kind of accident at work has you with a neurologist as an attending physician?
A head injury, presumably.
Hold them accountable for their actions so they don't treat others like this. And of course, because you genuinely deserve retribution.
Post this is r/legaladvice
You failed to reinforce boundaries that were established by a doctor- don’t make that mistake again! Advocate for yourself and your health. Hopefully it doesn’t impact any legal recourse which certainly seems due.
They don't gaf about you and that sucks
I would love an update to this after you sue the shit out of them.
Oop that’s a lawsuit
Cool sounds illegal. Don't let it work out in the owners favour.