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  1. #1
    Join Date
    Sep 2013
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    Default Employee Told That She Cannot Use the Disabled Parking Spot in Company Lot

    My question involves a traffic ticket from the state of: California

    This really isn't about a ticket, so maybe I"m in the wrong forum. Anyway...

    My co worker informs me that she has been told that even though our parking lot has a handicap spot, her supervisor told her that she couldn't use it. She has a valid placard and is disabled.

    Her supervisor said that the spot is for "visitors" that are disabled.

    As far as I know, if you have a placard, you should be able to park there. I was led to believe that if a spot was available, even though it's marked private property, even a customer of the business next door could use it provided they had a valid placard.

    Can anyone shed some light on this? Thanks!!!

  2. #2
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    Jan 2006
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    Default Re: Employee Told That She Cannot Use the Disabled Parking Spot in Company Lot

    are other non-handicapped employees allowed to park immediately adjacent to this HC space?



    As far as I know, if you have a placard, you should be able to park there. I was led to believe that if a spot was available, even though it's marked private property, even a customer of the business next door could use it provided they had a valid placard.
    that would be a no. The fact there is a HC space on the property does not allow one to trespass.

  3. #3

    Default Re: Employee Told That She Cannot Use the Disabled Parking Spot in Company Lot

    Quote Quoting jk
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    are other non-handicapped employees allowed to park immediately adjacent to this HC space?



    that would be a no. The fact there is a HC space on the property does not allow one to trespass.
    Hmm are parking spots curtlidge (sp)?

    Plus the person is an employee, allowed to enter the premises. It would be hard pressed to say if she did park there that a trespass occurred.

    I would agree with OP .. she can park there. Business can designate another spot as a handicapped spot as well.

    Of course, the employee is likely an at-will employee. Even winning this battle could be the catalyst for the employer to fire her for another reason.

  4. #4
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    Default Re: Employee Told That She Cannot Use the Disabled Parking Spot in Company Lot

    Jack Jackson;745211]Hmm are parking spots curtlidge (sp)?
    Um, yes they are curtilage but what relevance is that?

    Plus the person is an employee, allowed to enter the premises. It would be hard pressed to say if she did park there that a trespass occurred.
    read my post again. I was addressing that to the statement about a person from a neighboring business using the lot.
    I would agree with OP .. she can park there. Business can designate another spot as a handicapped spot as well.
    actually, employers can designated parking areas for employees. That is why I asked if other employees were allowed to park in adjacent spaces. There are rules applicable to HC employees though but the do not include getting to park anywhere they want to park just because there is a HC space there.

  5. #5
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    Sep 2013
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    Default Re: Employee Told That She Cannot Use the Disabled Parking Spot in Company Lot

    Explain to the employer your disability and why you need to park close. That should begin an interactive process where a reasonable accommodation to your disability is determined. That accommodation may include an ability to park closer to the entrance. I do not think the employer would want to make a big deal about this if you approach it right.

  6. #6
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    Default Re: Employee Told That She Cannot Use the Disabled Parking Spot in Company Lot

    This:
    Quote Quoting Welfarelvr
    View Post
    Explain to the employer your disability and why you need to park close. That should begin an interactive process where a reasonable accommodation to your disability is determined. That accommodation may include an ability to park closer to the entrance. I do not think the employer would want to make a big deal about this if you approach it right.
    There's nothing inherent in having a disability or handicapped placard that exempts you from workplace rules - but if you qualify for protection under the ADA or a similar law, you can seek reasonable accommodation.

  7. #7
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    Default Re: Employee Told That She Cannot Use the Disabled Parking Spot in Company Lot

    Quote Quoting Jack Jackson
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    Plus the person is an employee, allowed to enter the premises. It would be hard pressed to say if she did park there that a trespass occurred.
    I agree that the matter would not be trespassing. However, if the spot was not permitted for employee parking then she could be disciplined for other reasons.

    Among the questions one might want to know would be whether or not the lot is shared by any other businesses. Does the business also own the lot? Do they have absolute say over access to the lot? Or, is it shared with other businesses on the property?

    Many businesses in a business park or strip mall setting control only that which is beyond the front door of their business and not into the lot. So, the employer may not even be able to exercise direct control over parking rules in the lot. However, as I mentioned, they might initiate discipline for parking outside designated employee parking.

    I would agree with OP .. she can park there. Business can designate another spot as a handicapped spot as well.
    If only it were so easy! No, the business cannot simply designate another parking space as a handicapped space. Assuming that the business in question also controls the lot, they would first need to go before city/county planning with a proposal to designate a new HC parking location (likely removing another spot to make additional room). This might change the minimum number of spaces required per city/county regulations. Bottom line is, it's not as simple as gettin gout and paining blue curbs and planting a sign.

    But, assuming the business has control over the lot, the business COULD designate spaces for employee parking. They could plop a sign and reserve it for an employee or employees and that would not necessarily require planning approval.

    Of course, the employee is likely an at-will employee. Even winning this battle could be the catalyst for the employer to fire her for another reason.
    Yep. Hence the reason to try and work out some form of accommodation for a designated space or other arrangement.

  8. #8
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    Default Re: Employee Told That She Cannot Use the Disabled Parking Spot in Company Lot

    The business can designate the spot for handicapped visitor parking.

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