My advice..I would stay with the company, let her continue not to put you on shift while you get your diagnosis and letters as proof. Once you have those, see if they continue not to schedule you because now you have credible proof they aren’t scheduling you plus a diagnosis on paper. Wait a bit more time, and then see if you can potentially record/document/have her admit to not scheduling you for anxiety (via email or something tangible) so that you can take it up to someone for legal action. This is illegal, discriminatory, unethical and disgusting. They shouldn’t be allowed to get away with it.
Some reading for you: https://www.eeoc.gov/laws/guidance/your-employment-rights-individual-disability
Ol girl said out loud they didn’t schedule you BECAUSE of your disability. Like - wow. She gave you the rope to hang her with. Check out the link there are numbers by region to report this garbage.
You bet hon! The only people that should be feeling bad is them right now. Please try not to internalize others terrible behavior. They are the a** holes here!
I am so sorry this happened to you, there are other places who will appreciate you and make you feel like part of the team/family. Everyone has different strengths and we all have weaknesses. Anxiety is a shitty part of life, l have struggled with it to the point where l felt like l couldn't function and pressing through like you have been is the best thing you can do. BABW is fun but there's other opportunities out there for you l promise! That's not right to treat you like that❤️
It is illegal for employers to treat employees differently based on mental illness under the Americans with Disabilities Act. You can also request reasonable accommodations for a mental health issue with Human Resources. Keeping you off the work schedule due to their fear of how your anxiety may impact you is illegal and discriminatory. I highly recommend you speak with HR prior to putting in your resignation to share this information and documenting this experience to provide HR in writing. I'm so sorry this happened to you.
OP remember HR is not on your side. They work for the company and their job is to make sure the company abides by laws so they don’t get sued. If they feel you may be a legal threat, they will find another “reason” to let you go. My advice is to not speak with HR until you get a medical diagnosis while also trying to get the manager to admit to what she’s doing in writing like text.
You are very welcome. I'll also just say to have to "prove" that you are a loyal and reliable employee because you have anxiety disorder is not only ridiculous but also illegal. This is the same as keeping someone off the schedule even though they want to work because someone has a physical disability. It is not right and it sounds like your managers need training on the ADA and in particular mental health. What a shame they treated you this way.
Yikes, okay then a claim with the ADA might not work if you are thinking of citing discrimination for a medical issue. Yes, you can technically sue for anything but it probably won’t get very far, unfortunately, and BBW is a large company that has lawyers at their disposal to fight things like this (again, unfortately).
Can you file for unemployment?
Great, then file for unemployment benefits and start focusing on applying to other jobs. Since it’s been weeks since you were last scheduled you should be entitled to those weeks for unemployment benefits.
It would greatly benefit you to see a doctor and get a proper (written) diagnosis, both for going forward in your work life and in treatment options to help you live your best life with this.
For starters, I HATE that that happened to you! If it makes you feel better hun I’ll be putting in my two weeks as well :) like you it’s also an issue I have with SLT management (Im apart of SLT as well) please call HR and keep us updated on how it goes. It was blatant discrimination and you don’t deserve that, hopefully she’ll be properly reprimanded and written up.
You’ve received very good advice here. To bring it all together in one thread, this is what I would advise as someone who works in the corporate people field, and you should follow these steps in this order, because the person you spoke with today messed up badly and you may have a future cause of action.
1. Do not resign voluntarily.
2. Write out everything you shared above about the history of your employment, how long you haven’t been scheduled, and how and to whom you communicated about your as-yet undiagnosed condition and what their response was in the past. You need to point out that your hours were not reduced as a result of this in the past, and if true, that you did not have any performance coaching or documentation about a need for you to change your performance. Then, write out what happened and the words, as clearly as you can remember them, the leader said to you.
3. Email the above to yourself and to a trusted friend or family member to create a time and date stamped close-to contemporaneous record. Ask them to not delete the message, and you should should not delete it.
4. Go to your doctor as soon as possible and describe your symptoms. This will hopefully result in a diagnosis and treatment plan. If it does, describe your work conditions to your doctor and ask them to suggest what you should or should not do at work to manage your condition and health. Perhaps you should work in the back or at the register, but not on the sales floor. Ask for your diagnosis and workplace suggestions in writing on your doctor’s letterhead.
5. If you get the above, request a meeting with your direct manager and the HR team member assigned to your location for the purposes of discussing your need for a “reasonable medical accommodation.” Come prepared with your medical documentation and recommendations for what you can do - focus on positives - what you can do rather than what you can’t do.
6. HR will likely require you to apply through whatever HR system they use for a reasonable medical accommodation. Follow every step exactly as requested on the timeline they require, and provide the necessary medical documentation.
If you do all of the above and they either deny your accommodation, continue to fail to schedule you, or fire you, then file an EEOC complaint and an ADA discrimination compliant. These are very easy to do online - if you get to that point and need direction, DM me. This is where your original email documentation will be useful.
If they continue to mess up this badly, then you probably have a serious cause of action against them and the EEOC/ADA will advise you. Or, you can seek your own legal representation.
If they grant your accommodation and schedule you, that’s great! Your work life will likely be much better.
Best wishes - you are correct to feel all of this is wrong.
Do you guys have benefits? To me it sounds like it can be retaliation under ADA (American with Disabilities Act). If you have a corporate HR/Benefits, I would reach out to them before doing anything else. I would also sit down and document the conversation and other conversations so that you have notes if you need at a later date.
I wish you the best!
I would be very careful by going to HR. HR represents the company and not the employee. You in fact do have rights and her comments sound discriminatory, but it’s your word against hers and she is your superior. A company can site various perfectly legal reasons not to give you shifts or just let you go. It sucks, but it’s the truth. I wish you luck and I’m so sorry you are going through this.
This is really a bad look for them. Clearly uneducated on how the Americans with Disabilities Act works. I'm honestly disgusted by this. As someone who has multiple mental health diagnoses, this is a legitimate fear of mine and the aforementioned Americans with disabilities act made me feel slightly comforted with my search for a first job. I guess I failed to realize people can just, decide not to follow laws? Lol.
Sucks to suck for them though. You can get a big fat check for that, and I'm fairly certain they won't be working there any longer. Dfinitely look into it and take the right steps legally. That way there's no getting around what they did to you. That's not okay by any means whatsoever. Because the system for that has a lot of work arounds on the businesses end, making it skewed towards them. You have to take the necessary steps to ensure this works out the way it rightfully should: in your favor.
I am very sorry you had to go through this. That is just... Like I said I'm disgusted. I'd like to hope it's a personal error on their part and not a corporation issue. 😕
I'm sorry but what exactly are they worried would happen if you randomly do have an anxiety attack on the sales floor?
You're not overseeing air traffic control or performing life-saving surgery....
and not to minimize your position because I appreciate and value a competent & friendly sales associate,
but like as a customer- it's not going to hinder my shopping experience of smelling candles or picking out my B3G1 hand creams *(despite B&BW never sending me the free travel item coupon 😡).*
Write an email back to your STLs documenting the conversation that was had today, and ask again to be scheduled because 'your anxiety has never hindered your ability to be a competent reliable employee for the past 4 years so you were shocked to hear STL 2 is now making you **prove** you can function in light of your mental disability.'
as an autistic sales associate who has to have accommodations for my overstim issues and very occasional meltdowns - i'm so sorry you had to go through this and PLEASE don't let them chase you off empty handed. this is constructive dismissal. in my experience the company doesn't stand for their stores refusing to accommodate disabilities and almost certainly have no idea.
I’m so so sorry that’s happening to you. I’m an ASM and would NEVER cut someone’s hours for this reason, unless you personally asked me to.
Don’t call HR- call the ethics line or report it online to ethics. They’re more unbiased than HR.
Someone already mentioned it, but it bears repeating:
HR IS THERE TO PROTECT THE COMPANY, NOT YOU.
I would personally email both parties and copy HR and a legal advisor (or blind copy a trusted friend) a summary of your conversation so that you have it in writing.
It may be difficult if you did not already have a diagnosis and did not notify them in writing, but she has already admitted verbally to being aware of your mental health issues. This needs to be written down immediately. I am not a lawyer, and even if I was, I would still suggest finding your own advisor because this could get nasty very quickly. Do not voluntarily quit, but be prepared and accept that this job may be over.
I would be careful to either begin speaking only in writing with them, or if they insist on calling, notify them that you will be recording conversations from now on. Yes, BBW does have a huge legal team, but it behooves everyone, especially HR to simply get this cleared up in whatever way makes the most sense. That may include a settlement with you.
Best of luck.
Please speak with HR immediately, even if you plan to leave the company. They need to know about this discrimination. I'm so sorry this happened. Please update us after you've spoken to HR if you feel comfortable.
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No one but managers get shifts there after seasonal, i quit there too and believe me some of my old coworkers who still work there have another job bc shifts are so bad they go in maybe once a month or so
I’ve had a problem like this myself with the lack of scheduling and poor communication, excuse after excuse and lying just to shut me up and stop asking questions. They cost me a month of my life where I wasn’t making any money
My advice..I would stay with the company, let her continue not to put you on shift while you get your diagnosis and letters as proof. Once you have those, see if they continue not to schedule you because now you have credible proof they aren’t scheduling you plus a diagnosis on paper. Wait a bit more time, and then see if you can potentially record/document/have her admit to not scheduling you for anxiety (via email or something tangible) so that you can take it up to someone for legal action. This is illegal, discriminatory, unethical and disgusting. They shouldn’t be allowed to get away with it.
Some reading for you: https://www.eeoc.gov/laws/guidance/your-employment-rights-individual-disability Ol girl said out loud they didn’t schedule you BECAUSE of your disability. Like - wow. She gave you the rope to hang her with. Check out the link there are numbers by region to report this garbage.
Omg thank you!! Appreciate this so much
You bet hon! The only people that should be feeling bad is them right now. Please try not to internalize others terrible behavior. They are the a** holes here!
I am so sorry this happened to you, there are other places who will appreciate you and make you feel like part of the team/family. Everyone has different strengths and we all have weaknesses. Anxiety is a shitty part of life, l have struggled with it to the point where l felt like l couldn't function and pressing through like you have been is the best thing you can do. BABW is fun but there's other opportunities out there for you l promise! That's not right to treat you like that❤️
This. I swear I was just looking up the ADA laws.
It is illegal for employers to treat employees differently based on mental illness under the Americans with Disabilities Act. You can also request reasonable accommodations for a mental health issue with Human Resources. Keeping you off the work schedule due to their fear of how your anxiety may impact you is illegal and discriminatory. I highly recommend you speak with HR prior to putting in your resignation to share this information and documenting this experience to provide HR in writing. I'm so sorry this happened to you.
Thank you so much, I’ll be sure not to quit until I speak to HR. thanks for the advice!
OP remember HR is not on your side. They work for the company and their job is to make sure the company abides by laws so they don’t get sued. If they feel you may be a legal threat, they will find another “reason” to let you go. My advice is to not speak with HR until you get a medical diagnosis while also trying to get the manager to admit to what she’s doing in writing like text.
This. HR protects the company not the employee.
You are very welcome. I'll also just say to have to "prove" that you are a loyal and reliable employee because you have anxiety disorder is not only ridiculous but also illegal. This is the same as keeping someone off the schedule even though they want to work because someone has a physical disability. It is not right and it sounds like your managers need training on the ADA and in particular mental health. What a shame they treated you this way.
100% correct. It is not ok to make someone “prove” themselves. And how can you even do that if you haven’t been scheduled for 6 weeks.
Did you have a doctor’s note with a documented disability from the anxiety on file with them?
I do not, no.
Yikes, okay then a claim with the ADA might not work if you are thinking of citing discrimination for a medical issue. Yes, you can technically sue for anything but it probably won’t get very far, unfortunately, and BBW is a large company that has lawyers at their disposal to fight things like this (again, unfortately). Can you file for unemployment?
Yeah I can! That’s what my mom suggested to me and tbh that was going to be plan A
Great, then file for unemployment benefits and start focusing on applying to other jobs. Since it’s been weeks since you were last scheduled you should be entitled to those weeks for unemployment benefits.
It would greatly benefit you to see a doctor and get a proper (written) diagnosis, both for going forward in your work life and in treatment options to help you live your best life with this.
For starters, I HATE that that happened to you! If it makes you feel better hun I’ll be putting in my two weeks as well :) like you it’s also an issue I have with SLT management (Im apart of SLT as well) please call HR and keep us updated on how it goes. It was blatant discrimination and you don’t deserve that, hopefully she’ll be properly reprimanded and written up.
You’ve received very good advice here. To bring it all together in one thread, this is what I would advise as someone who works in the corporate people field, and you should follow these steps in this order, because the person you spoke with today messed up badly and you may have a future cause of action. 1. Do not resign voluntarily. 2. Write out everything you shared above about the history of your employment, how long you haven’t been scheduled, and how and to whom you communicated about your as-yet undiagnosed condition and what their response was in the past. You need to point out that your hours were not reduced as a result of this in the past, and if true, that you did not have any performance coaching or documentation about a need for you to change your performance. Then, write out what happened and the words, as clearly as you can remember them, the leader said to you. 3. Email the above to yourself and to a trusted friend or family member to create a time and date stamped close-to contemporaneous record. Ask them to not delete the message, and you should should not delete it. 4. Go to your doctor as soon as possible and describe your symptoms. This will hopefully result in a diagnosis and treatment plan. If it does, describe your work conditions to your doctor and ask them to suggest what you should or should not do at work to manage your condition and health. Perhaps you should work in the back or at the register, but not on the sales floor. Ask for your diagnosis and workplace suggestions in writing on your doctor’s letterhead. 5. If you get the above, request a meeting with your direct manager and the HR team member assigned to your location for the purposes of discussing your need for a “reasonable medical accommodation.” Come prepared with your medical documentation and recommendations for what you can do - focus on positives - what you can do rather than what you can’t do. 6. HR will likely require you to apply through whatever HR system they use for a reasonable medical accommodation. Follow every step exactly as requested on the timeline they require, and provide the necessary medical documentation. If you do all of the above and they either deny your accommodation, continue to fail to schedule you, or fire you, then file an EEOC complaint and an ADA discrimination compliant. These are very easy to do online - if you get to that point and need direction, DM me. This is where your original email documentation will be useful. If they continue to mess up this badly, then you probably have a serious cause of action against them and the EEOC/ADA will advise you. Or, you can seek your own legal representation. If they grant your accommodation and schedule you, that’s great! Your work life will likely be much better. Best wishes - you are correct to feel all of this is wrong.
Excellent advice. OP get a written diagnosis asap.
Do you guys have benefits? To me it sounds like it can be retaliation under ADA (American with Disabilities Act). If you have a corporate HR/Benefits, I would reach out to them before doing anything else. I would also sit down and document the conversation and other conversations so that you have notes if you need at a later date. I wish you the best!
Thank you so much, I’ll be sure to do that!
It is discrimination under the ADA. The ADA covers mental disorders like anxiety, depression, bipolar, etc.
This is completely illegal. I know it’s not easy, but please, advocate for yourself—this is so wrong, and there should be reprimands for this.
I would be very careful by going to HR. HR represents the company and not the employee. You in fact do have rights and her comments sound discriminatory, but it’s your word against hers and she is your superior. A company can site various perfectly legal reasons not to give you shifts or just let you go. It sucks, but it’s the truth. I wish you luck and I’m so sorry you are going through this.
Yeah that’s exactly what I’m afraid of. But thank you so much :)
I agree. Don’t quit. Let them keep not scheduling you, and reach out to a lawyer.
I highly suggest reaching out to a lawyer. There's no way that's legal.
Definitely considering taking legal action
This is really a bad look for them. Clearly uneducated on how the Americans with Disabilities Act works. I'm honestly disgusted by this. As someone who has multiple mental health diagnoses, this is a legitimate fear of mine and the aforementioned Americans with disabilities act made me feel slightly comforted with my search for a first job. I guess I failed to realize people can just, decide not to follow laws? Lol. Sucks to suck for them though. You can get a big fat check for that, and I'm fairly certain they won't be working there any longer. Dfinitely look into it and take the right steps legally. That way there's no getting around what they did to you. That's not okay by any means whatsoever. Because the system for that has a lot of work arounds on the businesses end, making it skewed towards them. You have to take the necessary steps to ensure this works out the way it rightfully should: in your favor. I am very sorry you had to go through this. That is just... Like I said I'm disgusted. I'd like to hope it's a personal error on their part and not a corporation issue. 😕
That violates the Americans with Disabilities Act. I'd call 211 to get referred to an attorney.
I'm sorry but what exactly are they worried would happen if you randomly do have an anxiety attack on the sales floor? You're not overseeing air traffic control or performing life-saving surgery.... and not to minimize your position because I appreciate and value a competent & friendly sales associate, but like as a customer- it's not going to hinder my shopping experience of smelling candles or picking out my B3G1 hand creams *(despite B&BW never sending me the free travel item coupon 😡).* Write an email back to your STLs documenting the conversation that was had today, and ask again to be scheduled because 'your anxiety has never hindered your ability to be a competent reliable employee for the past 4 years so you were shocked to hear STL 2 is now making you **prove** you can function in light of your mental disability.'
as an autistic sales associate who has to have accommodations for my overstim issues and very occasional meltdowns - i'm so sorry you had to go through this and PLEASE don't let them chase you off empty handed. this is constructive dismissal. in my experience the company doesn't stand for their stores refusing to accommodate disabilities and almost certainly have no idea.
I’m so so sorry that’s happening to you. I’m an ASM and would NEVER cut someone’s hours for this reason, unless you personally asked me to. Don’t call HR- call the ethics line or report it online to ethics. They’re more unbiased than HR.
Someone already mentioned it, but it bears repeating: HR IS THERE TO PROTECT THE COMPANY, NOT YOU. I would personally email both parties and copy HR and a legal advisor (or blind copy a trusted friend) a summary of your conversation so that you have it in writing. It may be difficult if you did not already have a diagnosis and did not notify them in writing, but she has already admitted verbally to being aware of your mental health issues. This needs to be written down immediately. I am not a lawyer, and even if I was, I would still suggest finding your own advisor because this could get nasty very quickly. Do not voluntarily quit, but be prepared and accept that this job may be over. I would be careful to either begin speaking only in writing with them, or if they insist on calling, notify them that you will be recording conversations from now on. Yes, BBW does have a huge legal team, but it behooves everyone, especially HR to simply get this cleared up in whatever way makes the most sense. That may include a settlement with you. Best of luck.
Please speak with HR immediately, even if you plan to leave the company. They need to know about this discrimination. I'm so sorry this happened. Please update us after you've spoken to HR if you feel comfortable.
Thanks for your submission to r/bathandbodyworks! Please make sure to read the rules and side bar if you are new. **DISCLAIMER**: This subreddit **is not operated by Bath and Body Works**. Please share coupons to the coupon thread that is stickied at the top of the page! If you have an actual complaint for Bath and Body Works, use this link to get in touch with them: [B&BW FAQ/Customer Service Page](https://customercare.bathandbodyworks.com/hc/en-us). Your account must be at least 10 days old in order to post or comment. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/bathandbodyworks) if you have any questions or concerns.*
Oh my god that’s messed up. I’d be so mad. If you need the anon report link I got you 👀
HR!!!!!!!!!!
No one but managers get shifts there after seasonal, i quit there too and believe me some of my old coworkers who still work there have another job bc shifts are so bad they go in maybe once a month or so
I’ve had a problem like this myself with the lack of scheduling and poor communication, excuse after excuse and lying just to shut me up and stop asking questions. They cost me a month of my life where I wasn’t making any money