Attention Deficit Disorder (ADD)/Can I change my availability after I'm hired do to a disability?
I'm not sure if you can answer this, but please read. I just got hired at Kohls yesterday and I made my availability wide open. Only thing is, I don't know if I'll be able to work eight hour shifts (I used to work at Walmart and their 8 hour shifts were horrible, especially to someone with a disability who doesn't get things as fast as others) juggling school, homework, and a social life. I have a disability (ADD) so I can ask them if they can cut my hours down to 4-5 but I'm not sure if they will like that very much. Could they fire me if I asked to change my hours? Also, do most stores start you off with 4-5 hours a day and then you build your way up to 8 hour shifts? I know Wal-mart did that when I worked there, but I'm not sure if all stores do that. Thanks in advance if you can help!
This is a good question and yes, I don't know if I am qualified to answer it. But, I will tell you what I think.
The best plan to let an employee know that you have a disability is when you are diagnosed. Since you were diagnosed prior to being hired, I think they can let you go when you tell them, based upon your application which made no mention of it.
However, on the other side of the coin, firing you would be outright discrimination, if you can't work 8 hours based on your disability. It may come down to the specifics symptoms you had when you were diagnosed. If you are ADHD, what about a longer shift needs accommodation to a shorter shift?
I think it could go either way. If you tell your boss that you forgot to mention that your ADD causes you to need 5 hour work shifts, you run the risk of being fired. As I said, since your application never disclosed this, I am reasonably certain they can fire you do to that. On the other hand, that sounds like discrimination. It is a rock and a hard place situation. If you choose to tell your boss, and they fire you your recourse is to file a discrimination claim at the Office of Civil Rights. I don't know if you would win the claim, which would mean that OCR reverses the termination and you go back to work in 5 hour shifts.
Your best resource is to talk with a Civil Rights Attorney who really understands the law. Some lawyers give free consultation, that is who I would contact if I were you. I know education, not employment, so I am guessing based on how it works in education. In spite of that I answered the question to help you get the appropriate information.