Navigating issues with an employee who has developed a disability in a small business... oh, and service dogs.
Have any of you had a similar experience that you worked through?
An employee of a few years starts to have seizures, has had a seizure in the middle of service while running a tray of food to a table, and now asks to bring a service animal with him to work (apparently, the dog can detect oncoming seizures). How am I supposed to handle this? They could get hurt (they got burnt by hot soup during their last seizure - and even with a pre existing condition it is a workers comp claim if something serious happens), they could hurt a customer, I am concerned about having a dog in the kitchen and walking through the dining area.... (he) the employee already told me this isn't a request that he has rights under the ADA laws. Do I have any recourse here?
I am not a wealthy man; I don't own many restaurants (one small, seasonal business), I am a small business owner... suggestions? Does anyone work with an HR Lawyer in NJ that they could recommend? I usually only have two servers working at any given time... we serve food to tables on a dock, I am worried about this individual falling into the water, too.
I appreciate their situation, I really do, but I am not sure what help/accommodations I am expected/required to make.
Jobadvisor
This is a genuinely complex and challenging situation for a small business owner, and it's completely understandable that you're feeling overwhelmed and looking for guidance. You're balancing genuine concern for your employee, the safety of your customers and other staff, the operational realities of your business, and your legal obligations.
Let's break this down, keeping in mind that I am an AI and cannot provide legal advice. You absolutely need to consult with an attorney specializing in employment law and ADA compliance in New Jersey.
Here's a framework for understanding and approaching the situation:
Understanding Your Legal Obligations (ADA)
Your employee is correct that they have rights under the Americans with Disabilities Act (ADA) if their condition qualifies as a disability, and seizures generally would. The ADA requires employers to provide "reasonable accommodations" to employees with disabilities, as long as it doesn't pose an "undue hardship" on the business or a "direct threat" to the safety of the employee or others.
"Reasonable Accommodation": This is the core concept. It means modifying the work environment or job duties to enable an individual with a disability to perform the essential functions of their job. Examples include:
Modifying schedules.
Providing equipment.
Making the workplace accessible.
Allowing a service animal.
"Undue Hardship": This is the employer's defense. An accommodation might be considered an undue hardship if it causes "significant difficulty or expense" for the employer. For a small business, what constitutes undue hardship can be different than for a large corporation, but it's a high bar to meet. Financial cost is one factor, but also factors like disruption to operations, safety risks, and impact on other employees.
"Direct Threat": This is another key defense. You are not required to provide an accommodation if it poses a "direct threat" – a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. This is where your concerns about the kitchen, hot food, water, and customer safety come into play.
Interactive Process: The ADA mandates an "interactive process" between the employer and employee. This means you must engage in a good-faith dialogue with your employee to:
Understand their limitations and needs.
Explore potential accommodations.
Determine if an accommodation would be effective and reasonable.
Addressing Your Specific Concerns
Safety (Employee & Others): Your concerns about the employee's safety (burns, falling into water) and the safety of customers (hot food, dog in dining area) are legitimate and critical. This is where the "direct threat" defense might apply.
Kitchen Environment: A kitchen, by its nature, has inherent hazards (hot surfaces, sharp objects, slippery floors). An employee experiencing unpredictable seizures, especially while carrying hot food, creates a significant risk.
Dining Area & Dock: Similar concerns apply. A service animal's presence needs to be considered in terms of tripping hazards, potential customer allergies, and hygiene, especially in a food-service environment. Falling into the water from the dock is a serious safety concern.
Service Animal:
ADA Definition: The ADA defines a service animal as a dog (or miniature horse) specifically trained to do work or perform tasks for a person with a disability. Detecting oncoming seizures is a legitimate task.
Public Access vs. Workplace: While service animals are generally allowed in public places, a workplace has specific operational and safety considerations, especially in food service.
Food Safety: Health codes often have strict rules about animals in food preparation and service areas. This is a critical point to investigate with your local health department. It might be a direct regulatory conflict that could make the accommodation an undue hardship or direct threat.
Customer Concerns: Allergies, fear of dogs, or general discomfort are common customer reactions. While these generally don't override ADA rights in public accommodation, in a small business setting where you only have two servers, and customer experience is paramount, it's part of the "undue hardship" calculation.
Small Business Concerns: The ADA does consider the size and resources of the employer when determining "undue hardship." What's reasonable for a large chain restaurant might not be for your seasonal business with two servers.
Recommended Steps
Consult an HR/Employment Law Attorney (CRITICAL FIRST STEP): Do this immediately. They can advise you on New Jersey-specific laws (which might offer more protections than federal ADA in some cases), help you navigate the interactive process, and assess your specific situation for "undue hardship" or "direct threat" defenses. Ask for recommendations on LinkedIn or from local business associations.
Engage in the Interactive Process with Your Employee:
Have a formal, documented conversation.
Ask how the service animal assists them.
Discuss your safety concerns openly and honestly, focusing on the job duties and environment.
Explore alternative accommodations before concluding that one isn't possible.
Investigate Local Health Department Regulations: Contact your local health department to understand their specific rules regarding animals in food preparation and service areas. Get this in writing if possible. This could be a decisive factor.
Explore Alternative Accommodations (Beyond the Dog):
Job Restructuring: Are there other roles in your business the employee could perform that don't involve carrying hot food or being near the dock? (e.g., host, cashier, prep work if applicable and safe).
Modified Work Environment: Could the employee work only during non-peak hours, or in a different section of the restaurant?
Assistive Technology: Are there other devices or alarms that could help detect seizures without the dog?
Transfer: Is there another existing and open position they could safely do? (You're not generally required to create a new job.)
Document Everything: Keep detailed records of all conversations, emails, accommodations considered, reasons for denial (if any), and legal advice received.
What NOT to Do
Do not immediately deny the request. This could lead to a discrimination claim.
Do not make assumptions about the employee's abilities or limitations without engaging in the interactive process.
Do not ask for specific medical details about the disability itself, but you can request documentation from a medical professional confirming the disability and the need for accommodation.
Do not ask about the service dog's specific training or performance in detail. You can generally only ask: 1) Is the dog a service animal required because of a disability? and 2) What work or task has the dog been trained to perform?
This is a delicate balance. Your employee's rights are important, but so is the safety and viability of your business. A lawyer will be your best resource for navigating these complexities legally and ethically.
I work at Dominos pizza at 27. How do I get my life together?
I’m 27 years old. I work at dominos pizza as a delivery driver. I make between $2800-3000 a month. I’m working a dead end unskilled job. I have a college degree in information systems and I can’t find a job in my field. Hell I can’t even find a daytime job at all. Since I work weekends and nights my social life is basically nonexistent so I have no close friends and no dating prospects. I pretty much hate my life. I have shitty roommates since I can’t afford my place and I drive a 30 year old Honda that’s basically on its last legs.
I’m not sure where to go from here. I’m just angry I went to college. I feel like college is a scam. I’m 25k in student loans with nothing to show for it.
Jobadvisor
It sounds like you're in a really tough spot right now, and it's completely understandable that you're feeling frustrated, angry, and discouraged. Many people find themselves in similar situations after college, and it doesn't diminish your efforts or intelligence. The good news is that you have a degree in a field with a lot of potential, and there are definitely steps you can take to turn things around.
Let's break this down into actionable steps. It might feel overwhelming, but tackling one thing at a time can make a big difference.
1. Acknowledge Your Feelings (and Your Strengths):
It's okay to feel what you're feeling. Your anger and disappointment are valid. But also, remember that you do have strengths. You have a college degree, which shows you can learn and commit. You're working hard, even if it's not where you want to be, which shows resilience. You're also self-aware enough to recognize what's not working, which is the first step to making changes.
2. Re-evaluate Your Job Search Strategy (Information Systems):
Tailor Your Resume/Cover Letter: Are you using a generic resume, or are you tailoring it to each specific job description? For information systems, highlight any projects, coursework, or even self-taught skills related to IT, data analysis, networking, cybersecurity, or software.
Keywords are Key: Many companies use Applicant Tracking Systems (ATS) that scan resumes for keywords. Make sure your resume uses language directly from the job descriptions you're applying for.
Networking (Even if it feels hard):
LinkedIn: Optimize your LinkedIn profile. Connect with people in your field, alumni from your college, and recruiters. Join relevant groups.
Informational Interviews: Reach out to people working in IT roles (even if you don't know them directly) and ask if they'd be willing to chat for 15-20 minutes about their career path and offer advice. This isn't asking for a job directly, but building connections.
College Career Services: Even if you've graduated, your college's career services department might still offer help with resume reviews, interview prep, and job postings.
Consider Entry-Level/Help Desk Roles: Sometimes, getting your foot in the door with a help desk or IT support role is a stepping stone to more specialized information systems positions. It builds experience and allows you to learn about the company's infrastructure.
Upskilling/Certifications: Are there specific certifications (e.g., CompTIA A+, Network+, Security+, AWS Cloud Practitioner, Google IT Support Professional Certificate) that could make you more competitive? Many can be done online and are highly valued.
Freelancing/Side Projects: Can you take on small web development projects, data entry, or IT support for small businesses or individuals to build a portfolio and gain experience? This can also give you some daytime work.
Local Tech Meetups/Groups: Look for local tech meetups or professional organizations. Even if your social life is low, these are places where you can meet people with shared professional interests.
3. Address Your Current Financial Situation & Logistics:
Budgeting: Track every dollar you spend for a month. This can be painful but incredibly illuminating. Where can you cut back, even a little?
Debt Management:
Student Loans: Contact your loan servicer. Ask about income-driven repayment plans. These can lower your monthly payments, sometimes to $0, if your income is low enough. This can free up cash flow.
Prioritize: Focus on high-interest debt first if you have any besides student loans.
Housing:
Roommates: It sounds like a source of stress. Could you look for different roommates, or even a different, more affordable living situation, even if it means moving to a slightly less desirable area temporarily?
Housing Assistance: Are there any local programs for housing assistance you might qualify for?
The Car: This is a big one.
Emergency Fund (Small): Start building a tiny emergency fund, even if it's just $100. This is for car repairs or other small crises.
Transportation Alternatives: Is public transport an option for some trips? Could you carpool?
Saving for a Down Payment: If a new (used) car is necessary, start a dedicated savings fund, even if it's just $25 a paycheck.
4. Improve Your Social Life and Mental Well-being:
Daytime Job Search: The priority should be finding a daytime job, even if it's not in your field initially. This will open up your evenings and weekends for social activities. Look for administrative assistant roles, customer service (during business hours), retail (day shifts), or anything that aligns with a traditional work schedule.
Reaching Out: Even if you don't have "close" friends, who are acquaintances you could reach out to? Former classmates, colleagues from old jobs, family members? A simple "Hey, want to grab coffee sometime?" can be a start.
Hobbies & Interests: What do you enjoy doing? Joining a casual sports league, a book club, a volunteer organization, or a class (cooking, art, fitness) can be a great way to meet people who share your interests. You'll naturally connect with people who enjoy similar things.
Online Communities: While not a substitute for in-person interaction, online forums or groups related to your interests or even your job search can provide a sense of connection and support.
Therapy/Counseling: If you're feeling consistently low, depressed, or overwhelmed, speaking with a therapist or counselor can provide valuable coping strategies and support. Many offer sliding scale fees.
Exercise: Even a 20-minute walk a day can significantly improve mood and energy levels.
5. Consider Alternative Pathways (While Still Aiming for IS):
Teaching/Tutoring: Could you tutor high school or college students in IT-related subjects? This could be a daytime gig.
Apprenticeships/Internships: Look for paid apprenticeships or internships in IT, even if they're targeted at recent grads. Some companies hire people who are slightly older.
Government Jobs: Check state and local government job boards. They often have IT roles and can offer good benefits and stability.
Example of a Potential Timeline (Adjust to your situation):
Month 1: Stabilize & Plan
Create a detailed budget.
Update your resume with relevant keywords and skills.
Apply for 5-10 daytime jobs (any field) to get out of night shifts.
Contact student loan servicer about income-driven repayment.
Start a small emergency fund ($50-$100).
Reach out to one old acquaintance for coffee.
Month 2: Upskill & Network
Continue applying for daytime jobs.
Start an online certification (e.g., Google IT Support).
Optimize LinkedIn profile; connect with 10 people in IS.
Attend one local tech meetup (if available).
Save another $50-$100 for car/emergency.
Month 3: Refine & Grow
Focus on interview skills (practice common questions).
Continue certification or start a small personal project to showcase skills.
Reach out for 1-2 informational interviews.
Explore new hobby groups.
You have a lot going for you, even if it doesn't feel like it right now. Your college degree isn't a scam; it's a foundation that you can build upon. It's going to take hard work and perseverance, but you absolutely can get your life to a place where you're happier and more fulfilled. Don't give up on yourself.
On one side, it shows a person feeling overwhelmed by current struggles, like a mountain of bills and a broken-down car. On the other, it depicts a path forward, with tools for job searching, networking, and personal growth, leading to a brighter, more balanced future.
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