Disability (?) Issue

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mcuncynt

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I've recently transferred from Utah to Idaho for work. Same company (or atleast under the same parent company) different job title. When I was interviewed on the phone, my new boss questioned me about two things - 1- Did I realize I was going to be taking a pay cut? and 2- Was I okay working 6:30-3:30 five days a week?
I stated that it would be fine, since I needed to transfer for family reasons. When I got to Idaho, the first week, I was scheduled 7-4s and 9-6s. When the 2nd weeks schedule was posted, I had two shifts that were 1-11p. The next morning was scheduled 9a. I didn't inform my new boss about my epilepsy, and the restrictions with it because he had said my schedule was set.
So I pulled him aside to discuss it with him. He told me I should have informed him, that they don't have to hire me for the job if I have restrictions, and he never said I had a set schedule. A girl that came in from one of the other locations said that the person at her previous location with my job description was on a set morning schedule, but that's not what completely concerns me. I asked him if he did schedule me a close, if he could schedule it the day after an open or a day before a day off, and he said he didn't have to, that company policy stated that for me to have the position, he had to only give me 8 hours between shifts. It usually takes me about 3 hours to go to sleep when I work a late shift, which means about 3 hours of sleep for a disorder that requires structure on sleep habits.
I told him that I tried to work with a manager with the same issue (same location, just back in 1996) and I finally had to get a doctors note to force his hand. He tried to punish me with the schedule (which is against company policy), but his idea of a punishment shift was perfect for me, if I couldn't sleep at night, I could sleep in, and I could take those 3 hours to unwind and still be asleep by midnight.
I know this was a long description, but these are my questions:
1- Is epilepsy classified as a disability?
2- Can I be turned down for promotions because of it? (I have avoided applying for jobs that require a full night shift. My first grand mal seizure hit because I went in at 3AM to set up a display the first time I worked at this location. Normally, I have the "gentle" Petit Mal seizures.)
3- Am I stuck with whatever he says he offered me for hours, or can he pull back on the job offer?
4- If necessary what are the legalities of recording a conversation in the state of Idaho? (There were big issues with the loss prevention manager sexually harassing several of the female employees. When one decided to go around our company and up to the parent company's tip-line, that's when something kind of got done. Almost all complaints stopped at the store director, and they even went so far as to say that one of the girls had never reported it, even though she was also documenting what was happening through her lawyer. I only say this because my manager and my store director are always in each other's pockets.)
5- Is there a legal time frame for between shifts? (My dad worked for the federal government and if it was less than 12 hours, they had to pay them double pay.)
 
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1- Is epilepsy classified as a disability?

Reply: Yes.

2- Can I be turned down for promotions because of it? (I have avoided applying for jobs that require a full night shift. My first grand mal seizure hit because I went in at 3AM to set up a display the first time I worked at this location. Normally, I have the "gentle" Petit Mal seizures.)

Reply: It's possible the employer can turn down the shift change,and may not be liable.

3- Am I stuck with whatever he says he offered me for hours, or can he pull back on the job offer?

Reply: Contact an a lawyer difficult to say.

4- If necessary what are the legalities of recording a conversation in the state of Idaho?

Reply: Even if its legal, I doubt if it could be used as evidence at trial.

5- Is there a legal time frame for between shifts?

Reply: With few exceptions the answer in general is no.
 
Thanks!
One thing I did forget to mention is that they hold onto your employee files and the company still had my doctors note on file when they hired me for the job. I know the responsibility is mine to discuss any necessary medical issues, but is it anyone's business what medical issues I have if it shouldn't be effecting the new job?
Anyway, thanks again.
 
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