Head to Head w/Work... Help me!

Ok as most of you know I've been a gas station cashier for a while now. Well since my hearing has decrease, its created a bit of a conflict at work. So, I've been requesting time to my doctor appointments.... so my schedule went from 35 or so a week to 20 or less! working 4 days only 5 hr long days. But with someone now. (another manager, who I knew before she was promoted and has been such a doll)

Anyways...

I decided to call my boss on it today.... because even a few weeks, I've noticed a week I didn't request any appointments, he STILL gave me the same hours.

My checks went from $470ish to $271 biweekly! how in the hell am I supposed to live with that??

This is how our conversation went:
I was talking to him about accomodations with the phones (I didn't mention TTY or Captel but left it open to see what he said) and he said "well I don't know what we can really do for you with that, I mean you seen to hear me fine sometimes". I told him "My issue isn't always volume level or tones, its just I can't understand speech, that's how my brain processes things sometimes. Should something go wrong in the station, like an emergancy, the pumps go down, I need to be able to communicate with the tech support on the phone somehow, if not then I don't feel comfortable alone."

So... he wants me to have that in writing.... which worries me to why, and wonder if that is going to have me dig a deeper hole.

THEN

I told him that I wanted to take up ASL classes and was wondering if we can work something out as far as scheduling.

he straight up told me "well, I have no problem with you going to school for sign language, its up to you, but I can't promise you hours, your already on restrictions and I'm trying to accommodate"

Pennies for thoughts?

Seriously, am I in a tricky situation here?

Sorry I can't advise you here. I do hope you can work something out. The cliché is to negotiate a "win-win" between you and your boss. Maybe you could sell yourself as providing an opportunity to a new market of ASL users to the petrol station? (whoops! I should've said "gas station")

I'm not sure what you want to go for here.

If I understand your post correctly, its not part of your regular job responsibilities to answer the telephone, correct? But you want an accessible telephone in case of an emergency? And you also want to be able to schedule in classes, but you are not expecting that you will continue to need time off to see doctors?


ETA:

I'm not really knowledgeable in this area, but I do believe in picking your battles. If the answer to each of my questions above is yes then

* I would not ask them to install a captel telephone for a part-time job that I would only use rarely in case of an emergency, or most likely never use at all. Instead, I would ask that you'd be given contacts that you can reach by text messaging on your cell phone. (Assuming you have one and have a plan.) The reason is because this would be a reasonable accommodation for this type of situation that would cost you little or nothing.


* If you are no longer seeing your doctor frequently, I would let your manager know.

* I would go ahead and let him know what your ASL class scheduling options are so that the two of you can come up with a work schedule.

This is the web site for California's Office of Deaf Access: http://www.cdss.ca.gov/cdssweb/pg145.htm

I use to have a contact at a NYC office of VESID and would occasionally contact her to ask her for advise on how to handle difficult people and difficult conversations at work. She regarded it as part of her job, because it was her job to help me keep mine. Perhaps that web site can help you find a similar contact?

Lastly, I had been advised in the past that when it looks like I was in a situation that could turn into a legal one to start keeping a diary. Use a pen and the [ame="http://www.amazon.com/Mead-Black-Marble-Wide-Ruled-Composition/dp/B00006IDM7"]composition style type notebooks[/ame] whose pages are sewn in so that if a page is torn out its obvious. The idea is to use a type of diary that is difficult to change the entries. You can't photoshop changes in those kinds of notebooks!

Hope this helps.

AJWSmith said:

Sorry I can't advise you here. I do hope you can work something out. The cliché is to negotiate a "win-win" between you and your boss. Maybe you could sell yourself as providing an opportunity to a new market of ASL users to the petrol station? (whoops! I should've said "gas station")

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Thanks AJW, but the problem is I've only ran into a few deafies on very rare occasions... I don't think my boss would even consider sign language as a great thing.

Jazzberry said:

I'm not sure what you want to go for here.

If I understand your post correctly, its not part of your regular job responsibilities to answer the telephone, correct? But you want an accessible telephone in case of an emergency? And you also want to be able to schedule in classes, but you are not expecting that you will continue to need time off to see doctors?

Click to expand...

Actually, it is my responsibility to answer phones when it rings, if any problems with the computer being down, pumps, etc I'm required to call tech support and let them know all that goes on. If someone is late and doesn't call in I'm required to call my boss. I don't feel that I can do that without either a TTY, Captel, something... if not, I don't feel comfortable working alone.

No, what I'm trying to say is my hours have been cut because I've been needing time with my doctor's appointment.... I'm peeved about it, but fine with it because its my health. What I'm NOT ok with is when I have a work week that I don't have a doctor's appointment and I'm stuck at 20 hrs still. What I'm also NOT ok with is basically having to choose between going to school and getting even more hours cut, or not going to school and still getting semi-bad hours.

ladysolitary85 said:

Thanks AJW, but the problem is I've only ran into a few deafies on very rare occasions... I don't think my boss would even consider sign language as a great thing.



Actually, it is my responsibility to answer phones when it rings, if any problems with the computer being down, pumps, etc I'm required to call tech support and let them know all that goes on. If someone is late and doesn't call in I'm required to call my boss. I don't feel that I can do that without either a TTY, Captel, something... if not, I don't feel comfortable working alone.

No, what I'm trying to say is my hours have been cut because I've been needing time with my doctor's appointment.... I'm peeved about it, but fine with it because its my health. What I'm NOT ok with is when I have a work week that I don't have a doctor's appointment and I'm stuck at 20 hrs still. What I'm also NOT ok with is basically having to choose between going to school and getting even more hours cut, or not going to school and still getting semi-bad hours.

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Your e-mail and my edit of my previous post crossed -- sorry about that!

If I were in Cal. I think I would try to contact the Office of Deaf Access and see if they have an office whose function is to help D/d/HH people either keep their job or get another one.

I know biz are required to give us reasonable accommodation but I honestly don't know how that would work with a job that includes telephone responsibilities. If you can't reach them easily or if they don't respond quickly I would try to find another organization that could help you think this through. Perhaps a local Cal. office of NAD?

I don't blame you for not wanting your hours cut. The job market is tough though. Sometimes its easier to focus on what's possible rather than spending a lot of time and energy on forcing someone to do the right thing, even if that is also the legal thing.

Can you get a 2nd part-time job? Is that a likely option? The plus side of that is it would make you less dependent upon your current manager. You wouldn't have all of your eggs in one basket so to speak.

ladysolitary85 said:

This is how our conversation went:
I was talking to him about accomodations with the phones (I didn't mention TTY or Captel but left it open to see what he said) and he said "well I don't know what we can really do for you with that, I mean you seen to hear me fine sometimes". I told him "My issue isn't always volume level or tones, its just I can't understand speech, that's how my brain processes things sometimes. Should something go wrong in the station, like an emergancy, the pumps go down, I need to be able to communicate with the tech support on the phone somehow, if not then I don't feel comfortable alone."

So... he wants me to have that in writing.... which worries me to why, and wonder if that is going to have me dig a deeper hole.

Click to expand...

I suppose that he may have to let you go citing that you are not able to do the job as required.

ladysolitary85 said:

No, what I'm trying to say is my hours have been cut because I've been needing time with my doctor's appointment.... I'm peeved about it, but fine with it because its my health. What I'm NOT ok with is when I have a work week that I don't have a doctor's appointment and I'm stuck at 20 hrs still. What I'm also NOT ok with is basically having to choose between going to school and getting even more hours cut, or not going to school and still getting semi-bad hours.

Click to expand...

well - here's a thing... you're a gas station cashier... it's not exactly a place where boss can accommodate you with something like that, ya know? I mean.. it's a gas station.

How about this - if comp or pump goes down... you text your boss about it. That should be a very reasonable accommodation.

ladysolitary85 said:

Thanks AJW, but the problem is I've only ran into a few deafies on very rare occasions... I don't think my boss would even consider sign language as a great thing.



Actually, it is my responsibility to answer phones when it rings, if any problems with the computer being down, pumps, etc I'm required to call tech support and let them know all that goes on. If someone is late and doesn't call in I'm required to call my boss. I don't feel that I can do that without either a TTY, Captel, something... if not, I don't feel comfortable working alone.

No, what I'm trying to say is my hours have been cut because I've been needing time with my doctor's appointment.... I'm peeved about it, but fine with it because its my health. What I'm NOT ok with is when I have a work week that I don't have a doctor's appointment and I'm stuck at 20 hrs still. What I'm also NOT ok with is basically having to choose between going to school and getting even more hours cut, or not going to school and still getting semi-bad hours.

Click to expand...

The part that I have added bold to is what i want to respond to.

Way back in the early 1990's I was working as a bookkeeper with no responsibility for incoming phone calls. There were times when I found it helpful to make outgoing calls. My hearing is at the point where I can't understand on the phone. So . . . since I already had a portable TTY provided by ITAC (Illinois Telecommunications Access Corp. a state agency that provided equip. etc.) I would take it along and on occasion make VCO Relay calls. I have since retired.

But . . . a few months ago I was looking for something else on Ebay and discovered that TTY prices are all over the place. I found a ATT Advanced TTY 8540 which the booklet with it indicates it is from the mid 1990's that is in excellent shape for 19.95 shipping included! I bought it to use on an extension phone. So if you watch maybe you can find such a value that he would be willing to reimburse you for. Just did a quick search and the closest that I found is price currently is Ultratec Superprint 4425 Text Printing Telephone TTY NC | eBay to which you would have to add an AC adapter.

In order for him to provide accommodation, he has to have documentation that you indeed need certain accommodations. You have the responsibility to provide that documentation.

As far as him accommodating your school schedule: if he will, great. But he is not obligated to do so. You going to school to learn sign language does not fall into the category of job accommodations, unless you are required to use sign language as a part of your job description.

Also, I just remembered that small businesses may not be required to provide accommodations. I think a lot of gas stations are franchises, and each franchise may be considered a small business depending upon its size -- no matter how well known its logo is.

I'm not sure about that, but the Office of Deaf Access should be able to help you figure it out.

Jiro said:

I suppose that he may have to let you go citing that you are not able to do the job as required.

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That's exactly what I think will happen.....

Jane B. said:

The part that I have added bold to is what i want to respond to.

Way back in the early 1990's I was working as a bookkeeper with no responsibility for incoming phone calls. There were times when I found it helpful to make outgoing calls. My hearing is at the point where I can't understand on the phone. So . . . since I already had a portable TTY provided by ITAC (Illinois Telecommunications Access Corp. a state agency that provided equip. etc.) I would take it along and on occasion make VCO Relay calls. I have since retired.

But . . . a few months ago I was looking for something else on Ebay and discovered that TTY prices are all over the place. I found a ATT Advanced TTY 8540 which the booklet with it indicates it is from the mid 1990's that is in excellent shape for 19.95 shipping included! I bought it to use on an extension phone. So if you watch maybe you can find such a value that he would be willing to reimburse you for. Just did a quick search and the closest that I found is price currently is Ultratec Superprint 4425 Text Printing Telephone TTY NC | eBay to which you would have to add an AC adapter.

Click to expand...

Thanks so much for the link! I've seen some TTYs online for a big chunk of change! I actually went to my audi and he gave me a little form I mail in that might get me a free one if not then hey I got the link you send me!

jillio said:

In order for him to provide accommodation, he has to have documentation that you indeed need certain accommodations. You have the responsibility to provide that documentation.

As far as him accommodating your school schedule: if he will, great. But he is not obligated to do so. You going to school to learn sign language does not fall into the category of job accommodations, unless you are required to use sign language as a part of your job description.

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Yea I realize I'm asking a lot from him already. This is one of those jobs that you can't just call in sick that they require you to be available even holidays etc (basically strict attendance policy). I know I can't have the cake and eat it too here. So Thats why I'm thinking I may just take up the classes in Jan instead. It will give me time to prepare. It all comes down to more money or bettering myself as a person. I know this job isn't going to get me anywhere but I'm trying to find a better job in the meantime. Who knows.

Jazzberry said:

Also, I just remembered that small businesses may not be required to provide accommodations. I think a lot of gas stations are franchises, and each franchise may be considered a small business depending upon its size -- no matter how well known its logo is.

I'm not sure about that, but the Office of Deaf Access should be able to help you figure it out.

Click to expand...

My understanding is that they are not "completely off the hook" but that they vary because of what is considered "reasonable" based on size. Differing financial resources, who is available to split up work differently because of accommodation needed etc.

Just thought of something else. Do you happen to already have a cell phone that is a iPhone, Blackberry, or Android smartphone. Certain models can be used for mobile captel.

Hamilton CapTel: Mobile CapTel: What is Mobile CapTel?

The requirement mentioned for a headset is so that you don't have to be moving the phone from you ear to where you can read the screen.

Because of where I am located in relation to certain cell service providers I am doing the following for what is "peace of mind phone" that is used very intermittently. My two phone solution would not be financially reasonable for heavy use.

This is what I am using with a cell phone. I am in a Verizion 3G area and thus can't use voice & data at the same time (except with a very expensive Verizon plan and the Thunderbolt phone). But what I have just done is get a Droid 2 smartphone and use the browser in that with Hamilton Web CapTel instead of a computer browser. The number for my old dumbphone cell phone is put in as my number and then, of course, the number of the person I am calling is entered in another box. My old phone rings, I answer that, they call who I want, then the captions of what the person I called show up on the Droid. I talk into the dumbphone directly to who ever I have called. Hope this makes sense — feel free to ask questions if it does not. Friends that I have used it with do report some lag. We have come to me saying something right when I first see a pause in the ringing to make sure I don't get hung up on. Not perfect but we have found it useable.

To maybe make this a bit clearer both my old phone that I used to use with a Krown PocketComm TTY connected and the Droid 2 are active with different phone numbers.

Depending on who your cell service provider is you may be able to use one of their apps and just one phone. For more information look at their web site at Hamilton CapTel: Mobile CapTel and then click on their different sections depending on what individual equipment you have. And, no I have no connection to them except getting back to cell phone use via their service.

What I am using can also be used (and was intended for) with a computer and any type phone such as wired landline or wireless landline. See Hamilton CapTel: Web CapTel

Jazzberry said:

Also, I just remembered that small businesses may not be required to provide accommodations. I think a lot of gas stations are franchises, and each franchise may be considered a small business depending upon its size -- no matter how well known its logo is.

I'm not sure about that, but the Office of Deaf Access should be able to help you figure it out.

Click to expand...

Correct. Under 15 employees. Financial hardship for the business.

ladysolitary85 said:

That's exactly what I think will happen.....




Thanks so much for the link! I've seen some TTYs online for a big chunk of change! I actually went to my audi and he gave me a little form I mail in that might get me a free one if not then hey I got the link you send me!



Yea I realize I'm asking a lot from him already. This is one of those jobs that you can't just call in sick that they require you to be available even holidays etc (basically strict attendance policy). I know I can't have the cake and eat it too here. So Thats why I'm thinking I may just take up the classes in Jan instead. It will give me time to prepare. It all comes down to more money or bettering myself as a person. I know this job isn't going to get me anywhere but I'm trying to find a better job in the meantime. Who knows.

Click to expand...

I'd say that your best bet is to stick with this until you find something better, but be actively and agressively looking in the meantime. You might want to consult BVR. They will not only assist you with the job search, but will negotiate for accommodation, as well.

jillio said:

Correct. Under 15 employees. Financial hardship for the business.

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Yep I'm screwed there.... There are 4 shifts total, there's 8 people total (one is on prego leave, should be returning soon)

Day off tomorrow, going to hunt... I feel really intimidated though.

ladysolitary85 said:

Yep I'm screwed there.... There are 4 shifts total, there's 8 people total (one is on prego leave, should be returning soon)

Day off tomorrow, going to hunt... I feel really intimidated though.

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How did the search go?

pretty bad, most places told me "oh we have applications online" or "oh you filled out online already? We will give you a call back." and it was hot as hell out, my face looked swollen from the heat lol but thank you for asking

So, I went to the local college today, talked to the financial aid office, asked them what I needed to do for that, planning on enrolling in the Spring for the ASL classes.

ladysolitary85 said:

pretty bad, most places told me "oh we have applications online" or "oh you filled out online already? We will give you a call back." and it was hot as hell out, my face looked swollen from the heat lol but thank you for asking

So, I went to the local college today, talked to the financial aid office, asked them what I needed to do for that, planning on enrolling in the Spring for the ASL classes.

Click to expand...

Well then, you got the college stuff taken care of! Depending on what financial aid offers you, you might decide not to just take ASL classes, but go ahead and use this opportunity to get a degree in a field you can turn into a career. Personally, I think if you are going to be there for the ASL classes, no reason not to take advantage of being there anyway and get some other classes under your belt. But I am an education junkie!