I work for Walgreens. They are forcing employees to wear earpieces with communication devices as "part of the uniform."

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Customer: I work for Walgreens. They are forcing employees to wear earpieces with communication devices as "part of the uniform." However, there appears to be a level of surveillance that is incompatible with any forms I ever signed so I have refused it. My job is at risk. I have others that have been written up since wearing said devices. Can you please help me?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I am afraid to discuss it with them as they are compliant.
JA: Are you an "at will" employee? Do you belong to a union?
Customer: I do not belong to a union. I am not "at will." I am a full time shift manager.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The recent district manager was fired. The new district manager demands compliance.
Answered by Attorney John in 4 mins 1 year ago
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Attorney John, Expert

Hello – my name is ***** ***** I am an attorney with over ten years in private practice. My goal is to provide you with excellent service. If you have any further questions, don't hesitate to ask!

I am sorry to hear about this.  In general, an employer can set this policy, and can terminate an employee for refusing to comply with this type of policy (unless the employee has a religious or medical exemption from the policy).  That is the nature of "at will" employment - either side can walk away at any time, and the employer is free to make changes to the job.

It does appear that this was potentially a material change from the job that you originally signed up for (you are now being monitored far in excess of what was previously occurring).  When there is a substantial/material change in job requirements, an employee can take the position that this effectively terminates the previous job contract and is an offer for a new one.  Under those circumstances, an employee can quit and make a claim for unemployment benefits.

Customer
I have sensory issues. I'm attempting to contact my therapist to extend the timeline on having to comply. I really can't physically do this. I can't even touch the device. It being offered caused me a panic attack.
Customer
I don't want unemployment. I want this to end for everyone. If you have another solution, I will call.
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Attorney John, Expert

It sounds like you are saying that the medical device conflicts with a medical condition that you have, correct?

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Attorney John, Expert

Have you consulted with a doctor about a medical exemption?

Customer
But they are pushing me to prove it faster than I can get that.
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Attorney John, Expert

If they take adverse action against you, you have the right to file a claim for discrimination with the Equal Employment Opportunity Commission.  You should advise them that you are working as fast as you can, and that if they do not give you the time, you will be making a claim for discrimination.

Customer
Thank you. I will let them know.
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Attorney John, Expert

You are welcome.

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