Can you believe this?

November 27, 2012 05:40PM

I don't think it is believeable to have a grandparent go into the school especially with a bad limp. The schools are always trying to determine who the shoppers are. I don't want to risk it right now.

Thanks,

Janet Nielsen
Account Manager
Market Viewpoint, LLC
Glenmoore, PA
610-942-7030
www.marketviewpoint.com

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November 27, 2012 06:02PM

I don't get it. What are you asking? Are you Janet?

Equal rights for others does not mean fewer rights for you. It's not pie.
"I prefer someone who burns the flag and then wraps themselves up in the Constitution over someone who burns the Constitution and then wraps themselves up in the flag." -Molly Ivins
Never try to teach a pig to sing. It's a waste of your time and it really annoys the pig.

November 27, 2012 06:39PM

I have no idea what your question is.

November 27, 2012 06:42PM

I am guessing this was supposed to be a private message or email?

November 27, 2012 07:16PM

OptimisticSkeptic seems a strange name for a scheduler too.

And to Janet you are in and near ADA bounds to deny on physical limitations....

November 27, 2012 07:26PM

Good point CM. I cannot figure out what a limp has to do with the whole thing.

BTW, I'm glad to see I wasn't alone in being totally confused, lol!

November 27, 2012 09:08PM

I think Janet posts under the username MarketViewpoint. Maybe OptimisticSkeptic received this message from Janet? Without confirmation from either party, it's hard to tell and I don't want to jump to conclusions.

November 27, 2012 09:54PM

No, the OP is not Janet. The OP's only other post here states:

"I plan to regularly visit this site, as I'm always hoping to improve my - well, everything. And many of you seem to be on the ball. I know, maintaining a steady balance can be challenging. I've been a secret shopper for nearly a year and a half. (SHHH - Don't tell anyone!) I've been praised for serious work, and chastised for making too much fun. So - now, I'm choosing to be patient, in lieu of soon becoming one. Is there room for one more in this room?"

My guess? OP is interested in a school shop and either is or wants to pose as a grandparent with a bad limp. The scheduler declines to assign the shop to the OP because the OP would be too noticeable (age and limp).

The subject of the thread is "Can you believe this?" That subject is certainly subject to different interpretations. =)

I wish the OP did not copy and paste an email or identify the scheduler and company.

Edited 2 time(s). Last edit at 11/27/2012 11:37PM by BusyBeeBuzzBuzzBuzz.

November 27, 2012 11:11PM

Huh?

November 28, 2012 12:30AM

I think Janet turned OptimisticSkeptic down for an assignment and OS did not think it was a good reason for a turn-down and thought we would all sympathize. I think OS is posting Janet's e-mail to him/her.

November 28, 2012 01:13AM

AustinMom, you're probably spot on.

Optimistic - Sorry you didn't get the job if that's what happened. Be assured it happens to all of us.

Good to remember:

1. MSPs get to hire whoever they want to hire, with no explanations required.

2. ICs get to choose who they work for and whether to accept an offered job, with no excuses needed.

3. There's a ton of work out there. Go for it.

Mary Davis Nowell. Based close to Fort Worth. Shopping Interstate 20 east and west, Interstate 35 north and south.

November 29, 2012 05:43AM

AustinMom Wrote:
-------------------------------------------------------
> I think Janet turned OptimisticSkeptic down for an
> assignment and OS did not think it was a good
> reason for a turn-down and thought we would all
> sympathize. I think OS is posting Janet's e-mail
> to him/her.

If this is true than Janet has a ton to worry about. MSDavis said that they have the right to hire who they want to do their shops. That's true, but they are bound by ADA laws. To blatantly turn someone down because of a physical condition, when that person is otherwise qualified to do the job is against the law. If I was an MSC company and needed to get someone to shop a dating service, and I happen to know that the person has two warts growing out of his/her nose each with unpluckable hairs, all I need to say to that shopper is that we found someone to do the shop for us. But to say that I'm not going to hire shopper X because he/she has two warts growing out of his/her nose each with unpluckable hairs is against the law.

November 29, 2012 06:02AM

I may not be understanding the ADA laws correctly but I thought they applied to employees, not contractors. I could certainly be wrong. But even if the MSP does not have the right to hire the person they want under these circumstances, how can it be a practical use of time and effort to pursue this particular case which seems murky at best?

We have only very limited information on this and we would need to know a lot more, from both sides, to understand exactly what happened. Janet's reference to the OP's limp was unfortunate, but apparently this had been brought up by the OP or how could Janet have known the OP had a limp? It seems obvious they were having emails back and forth on this subject.

While I am not insensitive to the feelings of the OP, it seems they were looking for a younger person more suitably aged to have a child enrolled. I'm thinking the big factor was the age factor. I run into that a lot myself, and I understand it from the MSP's point of view. There's a ton of work, so I just go after something else.

I don't see how whatever comment we make can change the situation or provide any comfort. If we can't fix something, it doesn't help to stress about it.

Mary Davis Nowell. Based close to Fort Worth. Shopping Interstate 20 east and west, Interstate 35 north and south.

November 29, 2012 07:54AM

However neither the worts or the limp would be covered under ADA. You covered under ADA, you need to have a documented disability that is causing a significant limitation in your life. Also qualification standards not related to the disability would come into play. If you're a grandmother doing a shop for preschools, it would make you stand out. It truly only impacts an employer-employee relationship, so the independent contractor would also come into play. What I do believe it is somebody could pursue a company based on them never contracting a person with a disability, I think they're pretty clean if you can document that it was for one specific type of shop.

November 29, 2012 06:52PM

As a business-to-business transaction (which this is), a MSC can contract or exclude anyone they want, at will, as far as I understand it. ADA laws would not apply, nor would any other employment regulation because this is not employment!

November 29, 2012 08:36PM

I'm confused as to why a scheduler would know that a shopper has a limp. If it's not in the shop rules, why bring it up?

November 29, 2012 09:06PM

I'm confused as to why the OP would make the post and while we all have now spent two days asking questions, making speculations and arguing over whether this falls under the purview of ADA regs, they have not bothered to even log back in.

November 29, 2012 11:05PM

I'm confused as to why I even keep reading this thread LOL

Liz

November 30, 2012 03:29AM

Same reason I do. It said "New" and I was curious....

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I pray it does not occur that the last thing I did before I died was vacuum the house or eat broccoli.

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