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Amazon Staffer Says She Was Fired over Bathroom Breaks for Bowel Issue
- kennywinker 5y agoCue the amazon defenders with their “it’s not that bad amazon is better than working in a coal mine suck-it-up softie”. Humans are not AWS instances. We need bathroom breaks, conversations, time off when a family member dies, and high enough wages we can build our lives and care for the people in them. If your company is not doing that, then it is actively harming the people who make you money - and should be driven out of business.
- rnd0 5y agoAn amusing pattern is emerging with the comments in this post. People are getting downvoted for pointing taking the worker's side (pointing out you can't simply walk into a clinic to get a ibs note for instance), and people are getting upvoted for taking amazon's side.
- Permit 5y ago> According to the filing, when she told a manager in November about her IBS and that she needed to use the bathroom up to six times a day, the manager told her to get a doctor's note. It appeared from the filing that Olivero didn't get the note. > Olivero then said in the filing that in January her manager said she was going to be written up, and that she'd need to get a doctor's note within five days. That seems... reasonable? Two months is a decent amount of time. How long should Amazon have waited?
- CodeWriter23 5y agoI doubt in 60 days one can accumulate 1 day of sick time to use to go to the doctor. An unexcused absence during the probationary period would likely result in immediate termination.
- missedthecue 5y agoSomeone with diagnosed IBS could get a note in an email exchange with their primary physician.
- CodeWriter23 5y agoSure, if pre-employment, one had the privilege of having a primary physician.
- crooked-v 5y agoAs someone with a pretty good job in software, I don't have a primary physician, because what's "in network" changes every time I switch companies.
- prepend 5y agoA diagnosis of IBS requires a physician, right? It’s surprising that a letter wasn’t obtained on diagnosis in the first place. Any time my doctor says something affects my work, I ask her for a letter in my medical record and keep a copy for myself. This seems pretty straightforward and odd that a letter didn’t exist in the first place.
- mypalmike 5y agoOh they had a primary physician?
- 5y ago
- kradeelav 5y agoNot requiring a doctor's note for going to the restroom infrequently seems a bit more on the reasonable end. I'd have more sympathy for Amazon if, say, she was AWOL from work for more than an hour a day with no explanation. Humans are not machines and deserve some flexibility with their time.
- bllguo 5y agoto me 6 times during working hours is frequent by any measure, but that's hardly the important thing here. there has to be a line somewhere. is 8 frequent? 10? there is some threshold X, what we care about most is the response to crossing it and the response seems eminently reasonable. getting a note in 2 months is just not a draconian requirement no matter how it is spun. i have to give benefit of the doubt and assume accommodations could have been made if one had been produced. I'm sorry but this is the reality if you work a menial job where you are easily replaced. I feel like people are just being blinded by seeing "Amazon" in the headline; the alternative is an unbelievable level of naivete
- Fire-Dragon-DoL 5y agoIn theory you should be using the bathroom every 2 hours if you are drinking the right amount of water. That is 4 times in 8 hours, so 6 is not a lot
- prepend 5y agoNo, this is not correct. I drink a gallon of water each day and go 3-4 times. Also, this isn’t for pee breaks as the employee referenced a bowel issue.
- mrmuagi 5y agoI think it varies, yes. People have smaller bladders, some have larger. It also depends on how reactive you are to the sensation of a full bladder, and how risk averse you are to having it full -- perhaps you have had bladder issues, infections, etc. in the past and are mandating a self policy of frequent urination. But it's just a reference range, and if you ever took a blood test, you realize they might not matter some times. I feel like bowel issues are worse though, since you delinated them. You never ate something that went down wrong? The worst experience I ever had was eating shrimp that caused food poisioning. I practically lived on the toilet, and I think my understanding of what IBS from having a family member who has is gives me a perspective that only offers sympathy rather than criticism unlike other posters. I don't blame people from being doubtful that perhaps the lady in questions self diagnosed as IBS and didn't get a doctors note because it was balogne, but the invasion of medical privacy and heavy handed get-the-note or be-fired dialoge tree the manager has seems fucking bonkers. I suspect it's just an excuse to fire a system designated target -- as amazon does and they just quipped up a reason to fire her.
- Touche 5y agoThey should not require doctors notes for using the bathroom. Be a human.
- geofft 5y agoWhy require a doctor's note at all? Humans need to go to the bathroom sometimes, and six times in a workday is, while higher than average, not terribly so. If your business processes cannot deal with humans who need to use the bathroom, that's the fault of the business process, not of the humans. It's like me running code on a cloud instance and then asking Amazon for a hardware tech's note when it reboots for hardware issues. My job, as an SRE, is to design computer systems in a way where it's okay if computers crash every so often, and if I can't do that, that's me failing at my job. Their job, as a supervisor, is to design human systems in a way where it's okay if humans go to the bathroom every so often. Note that I'm not saying that you need to allow employees to sit in the bathroom for eight hours straight and then clock out. By all means, require that they get their work done! Just measure them on work done. What is the doctor's note even supposed to prove? Suppose that the employee is lying about IBS and just likes the ambiance of bathrooms. Weird, sure, but does that affect your business processes? Again, measure them on work done. If you're worried the employee is going to the bathroom to get high, or to hook up with coworkers in violation of ethics policies, or to leak trade secrets, or whatever, then go after that.
- kcdev 5y agoYou're forgetting this is a warehouse employee where productivity is tracked and ranked against other employees. Amazon cannot write up one employee and not another without something like a dr. note to justify the different treatment.
- bb88 5y agoIn other words, they're being stack ranked, right?
- geofft 5y agoI think you misread my comment. I'm specifically not advocating for different treatment. I'm saying any employee who wants to use the bathroom six times a day should be permitted to do so, IBS or no IBS. If you want to enjoy the ambiance of the bathroom six times a day, that's fine. So, Amazon can easily write up neither employee, which means they don't need anything to justify the different treatment. (Also, no, Amazon can write up one employee and another just fine. They're an independent company in a free country. They don't answer to Lord Business who tells them they have to run their business a certain way. They can do whatever they like, provided they don't run afoul of a few laws like Title VII or the ADA. And all that will happen if they do run afoul of those laws is they'll get sued - which is exactly what happened under their current policies, so....)
- mrmuagi 5y agoThe scenario becomes weird when you take a step back and realize that she is a human being and bodily functions are even being monitored in such a way. I go to the bathroom sometimes more than her and the reasons are extremely defensible even outside medical reasons. Drink water often and see (although I would say perhaps with electrolytes mixed in as not to flush them out). I would not even doubt this was an excuse and they just wanted to get rid of her. It just feels icky, why does your manager need proof of your medical issue? What if it's a more private issue and you really don't want your medical privacy to be known to your manager? Perhaps a sexual organ is involved, and you are just not comfortable being pried into that way. Yuck. I want to honestly ask you, how would you feel if someone monitored how many times you got up to stretch, how often you went to the bathroom, chatted with a coworker, or even just paused in thought and stopped touching your keyboard/mouse. Like a fucking human with diginity does. Would that not feel weird in your perspective? I certainly get vibes that this type of managerial practice is draconian and dehumanizing, and although my information about her day to day is limited, from the article, it seemed like an excuse to power trip and fire without justified cause.
- rrrrrrrrrrrryan 5y ago60%+ of Americans work in retail once in their lives, where bathroom breaks are almost always monitored. The people working at Walmart, grocery stores, department stores, etc. are absolutely expected to man their shift until their scheduled break, as are many people that work in restaurants, on manufacturing floors, etc. It's inhumane, yes, but it's not Amazon-specific.
- inter_netuser 5y agoNot even just retail. Call centers are like that too.
- b9a2cab5 5y agoIt sounds like you've never worked with people who intentionally "use the bathroom" to not work. If you step out of your white collar tech bubble for a moment you'd realize giving _two months_ to give a doctor's note before reprimanding this woman is perfectly reasonable. Blue collar work / retail is not like tech where your output is not necessarily a function of hours worked. In tech you can go to the bathroom 8 hours a day as long as you get your work done. Can you say the same for a warehouse worker?
- AdmiralAsshat 5y agoSpeaking as someone with IBS, it took a long time to get a definitive "IBS" diagnosis from my doctor. IBS is a process of elimination diagnosis. They'll confirm it's not any number of other things, and only after definitively ruling out Crohn's disease and other more serious conditions will they settle on IBS (which I took from my doctor to mean "We don't know.") Now for treatment purposes, they were giving me medications for it long before, when they just suspected it. So that fundamentally didn't change. But the whole process of ruling everything else out first took a number of specialist visits over a number of months, including a colonoscopy. I'm wondering if that had any factor into this person's lack of a doctor's note: that her GP could only say "I suspect she has IBS, but she'd need to go to a gastroenterologist to confirm" and the patient never got around to doing the specialist visits due to the time off they require. IIRC the meds they give you for both IBS and Crohn's are pretty much the same. The crappy thing about them (pardon the pun) is that you're really not supposed to take them preventatively: ideally you should take only as needed when symptoms occur. By the time you realize you're having one of those days, you've already had like three or four bowel movements in the span of a few hours, and you'll probably have several more before the meds start to work.
- awsthro00945 5y agoI don't know exactly what Amazon asked for in this case, but any time for me in the past at either school, work, or otherwise, when "doctor's note" is mentioned, they aren't asking for a definitive diagnosis. In fact, I've never even seen a doctor's note that specifically said "[name] has influenza/rhinovirus/UTI". It's always been sufficient for the note to just say something like "I am a doctor and [name] was seen by me for digestive tract issues, please accommodate them." I can't imagine that wouldn't have sufficed here, too.
- behringer 5y agoIt absolutely wouldn't. Amazon's next step would be to tell her whatever note she brought isn't good enough and to get on fmla.
- deleted 5y ago
- R0b0t1 5y agoFrom random reading on the DOL website I am pretty sure she should not have been fired. However, some of her pay could have been withheld (possibly contingent on her being classified as hourly or piecewise paid). The previously tested scenario was dialysis. So as I understand it, if you have e.g. end stage kidney disease, you don't need to inform your employer of the fact you must be gone two times a week for three hours, and they can not fire you when they find out. But they also don't have to pay you. However the rules about salaried positions seem to imply they can't reduce your salary.
- hkt 5y agoI'm from the UK, can someone explain the timescales, cost and process of getting a doctor's note in the US?
- deleted 5y ago[deleted]
- jdkee 5y agoOn bathroom breaks: https://coreyrobin.com/2012/03/08/lavatory-and-liberty-the-secret-history-of-the-bathroom-break/ https://coreyrobin.com/2012/03/08/lavatory-and-liberty-the-s...
- orionblastar 5y agoI have irrital bowel syndrome and I got a not from my doctor. I also missed days because I was in a hospital. The law firm I worked for lost the notes from my doctor and fired me.
- 1123581321 5y agoDid you get a lawyer? That’s an easy settlement.
- mrmuagi 5y agoReally? That seems like the worst situation tbh, being put in a position where you are suing people with legal expertise, and in a scenario where you could be afraid of being blacklisted for any future prospects. IANAL, but the law field seems to be very prone to elitism and group cohorting.
- 1123581321 5y agoI disagree with you. These kinds of open-and-shut defiances of the law are easy for an average employment attorney to negotiate reasonable compensation (I.e. an elite lawyer doesn’t need to be found) and the circumstances are obviously bad enough that they don’t mark the employee as a troublemaker, and that’s assuming the case even makes the news.
- mrmuagi 5y agoLook, I agree you disagree with me too... (sorry I am Canadian). That doesn't change the fact that there are hurdles that atleast factor in to how the human who was fired in that scenario may feel? And isn't that a major component to the human experience, how we feel, especially in the situation where your employeer fired you for a reason you learned was their mistake? That's full on feel mode for me, I don't know if you have an iron will or what, but you can't always assume that the person in this case would take a step back and accurately make the correct rational judgment you have outlined (see? more agreeing from me!). I would personally be afraid to be blacklisted from the law field, as reputation matters. Even being known as someone who is litigious against your employer whilst also garnering news coverage (great, your name is everywhere for future employers to see) seems to the very _least_ be a tradeoff of getting justice vs all that negative shazz I mentioned.
- lettergram 5y agoFrankly, it’s odd we are discussing this story.. I haven’t seen anything about the New York vaccine mandate that will force a large percentage of businesses to fire their employees for lacking a vaccine (even due to a medical issue). > Starting this week, customers and staff must prove that they've had at least one dose of a vaccine to enter indoor venues such as restaurants, gyms and theatres. https://news.yahoo.com/york-vaccine-mandate-could-destroy-144952019.html https://news.yahoo.com/york-vaccine-mandate-could-destroy-14...
- zamadatix 5y agoThen you missed quite a few high profile posts e.g. https://news.ycombinator.com/item?id=28049959 https://news.ycombinator.com/item?id=28049959 at 410 points from over 2 weeks ago (and many threads since).
- cosmotic 5y agoSix times doesn't seem like a lot. I bet I go 3 or 4 times a day at work, though maybe half those times are bowel related.
- magila 5y agoSince this was related to IBS there's a good chance her breaks took significantly longer than your typical piss break.
- mypalmike 5y agoYeah sometimes I even take long lunches. With my supervisor. No repercussions. Ha ha. There are so many salaried employees in this thread who don't seem to realize how vastly different it is to be treated like a misbehaving child (aka hourly employee) at work.
- NoPicklez 5y agoAs bad as it is losing your job, is she infact have a bowel problem. Then she can look forward to a nice settlement .
- zuminator 5y agoIf the issue led to termination it's at least conceivable that it's a little more complicated than the staffer is letting on. If the person took six 5-minute breaks and got their tasks accomplished, no problem. But if they took 6 20-minute bathroom breaks, that's 2 hours out of a day in the bathroom, on a daily basis. That's an employee who's away from their workstation fully 1/4 of their day. Are they really able to fulfill their responsibilities. Are they sincerely trying to fulfill their responsibilities? While most people who have chronic conditions are absolutely willing and able to perform up to task if given a reasonable accommodation, in some cases it's staggeringly apparent that the employee has no intention of ever putting in a full day's work, and is using the claim of an illness as a shield while they coast through the day. Manage a large enough number of people and you will inevitably come across such types on rare occasion.
- deleted 5y ago[deleted]
- risedotmoe 5y agoAs someone who’s dealt with this exact situation, someone with a “bowel issue” likely doesn’t take 5 minute poops unless they have diarrhea. 20 minutes is about normal when you’re constipated but have to poop 5 times a day. If you don’t go to the bathroom you’re in pain and unfocused until you poop and until you’re done pooping. What’s spent in those 20 minutes? Dreading people will say exactly what you just said while dealing with your very real but very embarrassing chronic illness. Can’t hold a job down but can’t qualify for disability. Luckily I’ve made strides in my health that I don’t live that hell anymore but not everyone is that lucky.
- threatofrain 5y agoWhy does this not qualify for disability?
- risedotmoe 5y agoBecause you are physically able to do the work. You might be able to get it approved in some areas and you might not. Some people with IBS go almost unnoticed while others it can be debilitating. You can't blanket the disorder as a disability because its a case by case basis.
- ulisesrmzroche 5y agoThis makes 1984 seem cozy and nostalgic. I assume that each poop has a time limit as well?