Thread regarding Sears layoffs

You said you have a schedule conflict with their hrs but you wanna sue them ? f--- off snow flake

Your lack of good judgment during the interview process mentioning your medically diagnosed ADD and your lack of open availability turned them away from hiring you. Under no circumstance should you mention a pre-existing medical condition during the hiring process. They have a right to decline your application and terminate the interview process however thy see fit. No company wants to have to micromanage employees - medical condition or not. I'm sorry that your ADD is an issue for you and requires medical help, but employers aren't liable for anything if they don't hire you.

Now, if you were smart, you wouldn't have mentioned your ADD and waited until they hired you and started filling out all the paperwork and began training you. Then, you could have mentioned it and discussed what options there are to assist. They cannot terminate you under any circumstance at that point. That's when they become liable for a lawsuit for wrongful termination.

At this point, leave it alone and move forward. Also, grow up and learn from this mistake. Never mention pre-existing medical conditions during an interview or you'll just get turned away again and again.

Welcome to the real world. Where fairness doesn't always exist.

The only reason I can think of why you would mention the fact that you have ADD in an interview would be to try to set up the company for an ADA lawsuit. They probably didn't hire you because of your extreme lack of good judgement to bring up such a thing in an interview. POOR DECISION!!!

I'm no friend of SHC. I hope you get every penny you deserve if you do file against them. That would be $0.00.

Only answer the questions asked, no more, no less. Just like in a court of law-- everything will be used against you. ADD would tell them that you cannot concentrate on more than one task at a time and that you will have to be micro-managed. Live and learn

Wanting to share your personal problems in the interview shows you are going to be too high drama. The schedule thing was a deal breaker. Neither is discriminatory. Grow up.

You can file a complaint with EEOC (equal employment opportunities commission). File it on their website and they will investigate. That's​ why most job postings mention them because companies don't want to come in their bad light.

Employers want two things;

show up on time for work

don't tell them personal problems.

Again, why would you tell them that?? Of course we all know it's not legal to discriminate based on medical issues, but why would you set your self up for failure like that? They can always come back with some other reason why they didn't want to hire you ( availability) why in the world would anyone ever tell a potential employer more information then they need to know. People are always showing all of their cards. You must be very young, I hope you learn from this experience. NEVER tell someone more information then they need to know right then and there. If you felt the need to say something, you could have waited until you were officially hired and started working, then request what ever accommodation you were clearly fishing for, at that point they know better then to let you go.

I do not know the real reason, but I was promised the position on the spot. But after I disclosed I had ADD in the interview they backed out.

Not very smart disclosing a medical condition. That's not something they are allowed to ask and not something you are required to say. You have a lot to learn about interviewing.

I love how everything is "discrimination" these days. Don't abuse that word. If a person has a legitimate case that's one thing, but saying someone is discriminating because you have limited availability is ridiculous. Grow up

Thanks for everyone's feedback. Your right it would be a waste of time and energy to presue this with SHC.

They lost a good and properly trained former employee.

You could theoretically work for sears and big lots. The conflict on interest ONLY applies to full time and salary. Part time are not required to disclose any possible conflicts. Also, if your availability doesn't meet the needs of the business then common sense would tell you that they are not going to hire you. This isn't a charity, if you can't work the hours they need, then you don't get the job.

@dap, I will be very nice and cordial in my remark. I already "HAVE TWO JOBS" that pay be $8.50each. I was only considering the Sears job as a third one knowing I would take a $1.25 pay cut. So this "Idiot" is working.

I was only asking about the complaint process since I have a documented disability which is ADD.

So shut your mouth and shove a nasty "Little Caesers" pizza down your throat.

Listen you big goof. When you ask for a job and demand a certain schedule, common sense should tell you if the company you re trying to get hired by doesn't need people during the time of your availability they are not going to hire you. Quit whining and trying to find a way to sue someone. Go to work you lazy A$$!!!

You guys are right, thanks for everyone's insight.

Being laid off doesn't count against you. I was laid off in 2014 as well. Few months later they called and offered me more than I was making before to go back.

A lot of us qualified senior employees were all let go for a non-qualified employee.

Ok, I was laid off due to the store closing I was not fired. So how can it count against me?

If you were laid off previously, that counts against you in the hiring process.

Availability can be a reason why you didn't qualify. There is no discrimination if you are simply not available at the times that they need or want you to be. The employer has a right to decline an applicant based on that

I was applying at a Sears Store. The store manager at Sears said that would NOT be a conflict of interest.

Then again you might be right about the conflict of interest. Big-Lots sells furniture and mattress like Sears/Kmart.

I do not know why they could not say outright that it could/may cause a conflict of interest.

If you're working for Big-Lots!, that's probably the reason. They won't let you work at a competitor while working at Sears or Kmart.

@fia, I already worked for SHC before but was laid off on 01/2014 . So I knew what I was getting myself into.

I know I was just ticked off. Thanks for letting me vent. What is comical about this is. That I was already trained. On everything and knew how to do things. I knew the pay was crappy.

It's just idiotic that I flew through two interviews so well. With two different companies that pay me more than SHC does. I took those jobs, Sears is idiotic not to hire me knowing my background and training.

Karma will bite those managers in the butt and hopefully they will regret not hiring me.

Your right guys, these managers are so brainwashed by Sears they do not know a qualified employee fro, a steam roller.

PS: No offense to anyone on the board if you are a Store Manager.

In my state you file a complaint with one of the state agencies. I forget the exact name but the title makes sense. They send your complaint to the local store who ignores it. Then they send a more strongly worded complaint that the company is required to answer the 1st complaint. The store ignores that too.

If you go this route, I'd request that it gets sent to the Corp office as well. Probably not worth your time and the company isn't going to be around for long. They can just say that your availability didn't meet their needs.

It's not worth yet. Sears/Kmart wants you available on THEIR time, yet they will only schedule you about 10 hours a week

Count yourself lucky! You would hate working here.

Contact EEOC or your State Labor Relation Board then work your way up to the federal level - be prepared to wait a loooonnnnnggggg time for resolution - it ain't hardly worth it though