Updated: 05/20/2025
News & Updates
05/19/2025: Jay fights back against Marvin's unfounded claims and bullying with a detailed legal response. (view correspondence).
05/18/2025: EEOC Case Submitted (#444-2025-02216) detailing disability discrimination and retaliation at Marvin.
05/14/2025: Marvin consults legal counsel; sends cease and desist letter in response to protected activity. (view file).
Who I Am: A Former Marvin Employee's Story
My name is Jay Peters. I am a former employee of Marvin Windows & Doors in West Fargo, ND. I live with a medically documented mental health disability and requested ADA accommodations during my employment. What followed was months of stress, retaliation, and ultimately what I believe to be a constructive discharge – a situation where the work environment became so intolerable that I was forced to leave my Marvin job.
Marvin's Promises vs. Workplace Reality
Marvin says: “You Belong Here.”
But what happens when you're disabled, need accommodations, and are met with red tape instead of support? My experience at Marvin Windows revealed a disconnect between their stated values and their treatment of employees seeking help.
- ⚠️ Pressured with excessive documentation despite clear medical history, hindering the ADA interactive process. Marvin's "Reasonable Accommodations Process" outlines the type of documentation that may be requested to substantiate the need for accommodation (Section VI.b). However, the demands I faced were excessive and went beyond what is reasonable or necessary under ADA guidance, despite prior documentation being provided.
- ⚠️ Denied meaningful participation in the ADA interactive process and reasonable accommodations. Marvin's "Equal Employment Opportunity Enterprise Policy" commits to "providing Reasonable Accommodation for applicants or employees on the basis of... disability... unless doing so presents an undue hardship" (Section II.a, p. 1). My reasonable requests were not genuinely explored in a timely or good-faith manner.
- ⚠️ Constructively discharged after trying to return under more manageable hours, effectively losing my Marvin job. This directly contradicts Marvin's commitment in its "Equal Employment Opportunity Enterprise Policy" to "provide and maintain a respectful work environment that supports all employees, and is free of prohibited Discrimination" (Purpose, p. 1).
“Do the Right Thing” shouldn’t just be a slogan. For me, at Marvin, it felt like a broken promise leading to disability discrimination.
🚨 Documented Violations at Marvin Windows & Doors
A Timeline of Failures in Marvin's ADA and HR Processes
"We will move forward with processing your resignation from your full-time position effective today, 4/25/2025." – Michelle Johnson, HR Manager at Marvin
- January 2025: I begin formally requesting mental health accommodations under the ADA due to worsening symptoms impacting my Marvin job performance. Marvin's "Reasonable Accommodations Process" states employees "are responsible for reporting the injury, illness, or other need for accommodation to Marvin's Human Resources Department, or may submit a request directly to Lincoln Financial Group" (Section I.a, p. 1).
- February: Marvin HR demands extensive medical paperwork beyond what is legally required under ADA regulations, creating undue burden. This was despite having prior medical documentation and goes beyond the scope of information outlined in Section VI.b of their "Reasonable Accommodations Process."
- March 14: Meeting with Jacki Vandergon, Sr. Ethics & Compliance Partner. Issues regarding the ADA process and workplace concerns were acknowledged, but no substantive follow-up was provided by Marvin Compliance for over a month, contradicting the expectation of engaging in an interactive process (Marvin Reasonable Accommodations Process, Section III.a, p. 2).
- April 25: Marvin denies my reasonable request for a part-time modified schedule and incorrectly marks me as voluntarily resigned—a clear constructive discharge and ADA retaliation. This occurred despite the "Reasonable Accommodations Process" outlining procedures for employees "seeking a Reasonable Accommodation in connection with their return to work" (Section I.a, p. 1) and stating that "Leave as a Reasonable Accommodation" may be provided (Section IV.C.ii, p. 3).
❌ Withdrew Approved Accommodations Without Just Cause
Gabrielle Oen, HR Business Partner at Marvin, withdrew my previously approved accommodations without valid explanation — a direct violation of ADA standards and Marvin's own policies, including the commitment to providing Reasonable Accommodation in their "Equal Employment Opportunity Enterprise Policy" (Section II.a, p. 1).
❌ Demanded Excessive Medical Paperwork
Despite submitting sufficient documentation of my condition from my medical provider, Marvin HR repeatedly demanded unnecessary and invasive records, exceeding ADA's reasonable documentation threshold and creating undue burden. This was contrary to their own "Reasonable Accommodations Process" which outlines the scope of medical information that may be requested (Section VI.b).
❌ Failed to Engage in Good Faith Interactive Process
Marvin HR ignored my emails and failed to respond for over a month regarding my accommodation needs — then falsely accused me of being unresponsive to cover their own delays in the ADA interactive process. This violates their own "Reasonable Accommodations Process" which states that the employee and Marvin "will engage in an interactive process" (Section III.a, p. 2).
❌ Forced Constructive Discharge
I was willing and able to return to my Marvin job part-time as a reasonable accommodation. Instead, Marvin HR refused the modified schedule, misrepresented my intentions, and processed a resignation I never submitted, resulting in a constructive discharge. This contradicts Marvin's "Equal Employment Opportunity Enterprise Policy" purpose to maintain a respectful and non-discriminatory workplace (Purpose, p. 1).
❌ Retaliation After Speaking Up
After escalating my concerns about the ADA process and workplace issues to Marvin Ethics (Jacki Vandergon), no timely follow-up occurred. Instead, the work environment became colder and more hostile, demonstrating retaliation for protected activity, in violation of Marvin's "Speaking Up and Non-Retaliation Policy" (Section II.a, p. 1) and their "Reasonable Accommodations Process" (Section VIII.a, p. 4).
❌ Misrepresented Third-Party Role (Lincoln Financial Group)
Marvin HR, specifically Alyssa Magnusen, improperly relied on and misrepresented the role of Lincoln Financial Group in the ADA process. Marvin's own documents state Lincoln's role is only to assist Marvin, not make accommodation decisions. This created further unnecessary barriers, contradicting the "Reasonable Accommodations Process" which states the interactive process involves "the employee and Marvin (via Lincoln Financial Group and/or the Human Resources Department)" (Section III.a, p. 2), implying Marvin retains ultimate responsibility.
❌ Violated Internal Ethics and EEO Policies
Marvin's "Speaking Up and Non-Retaliation Policy" and "Equal Employment Opportunity Enterprise Policy" were ignored. Their actions directly contradicted published commitments to inclusion, employee protection, and preventing disability discrimination (EEO Policy, Purpose, p. 1; Speaking Up Policy, Purpose, p. 1).
Key Individuals Involved at Marvin
These individuals, holding positions of responsibility within Marvin's HR and Compliance departments, were involved in the handling of my accommodation requests and subsequent separation. Their actions, or inactions, frequently diverged from the principles outlined in Marvin's own policies regarding Equal Employment Opportunity, Reasonable Accommodations, and Speaking Up & Non-Retaliation.
- Alyssa Magnusen – Leave of Absence Supervisor, Marvin Warroad
- Gabrielle Oen – HR Business Partner, Marvin West Fargo
- Michelle Johnson – Sr. HR Manager, Marvin West Fargo
- Alison Mooridian – HR Director, Marvin West Fargo
- Jacki Vandergon – Sr. Ethics & Compliance Partner, Marvin Minneapolis
Marvin's Stated Values vs. My Workplace Experience
Marvin says: “You Belong Here.”
A stark contrast between Marvin's public image and the reality of seeking ADA accommodations:
| Marvin Says (Policy/Marketing) | My Experience at Marvin |
|---|---|
| ✅ "You Belong Here" (from their values) | ❌ Denied proper support and reasonable accommodations for my disability |
| ✅ "Do The Right Thing" (from their values) | ❌ Forced out of my Marvin job after requesting necessary help (constructive discharge) |
| ✅ "Room to Grow" (from careers site) | ❌ Faced retaliation after raising concerns through internal channels |
| ✅ "Support to Thrive" (from careers site) | ❌ No meaningful follow-through on ethical complaints or ADA interactive process |
| ✅ "Speaking Up Culture" ("The purpose of this Policy is to promote a culture of speaking up and provide expected business practices related to non-Retaliation." - Speaking Up Policy, p. 1) | ❌ Attempts to silence communication about workplace issues, contradicting Marvin's "Speaking Up and Non-Retaliation Enterprise Policy." |
🗣️ Direct Quotes from Marvin Personnel. Real Failures.
These are direct quotes from actual emails and conversations with Marvin’s HR and Compliance teams, illustrating their approach to my ADA accommodation requests and separation.
“If I do not hear back from you… we will process your voluntary resignation.”
— Michelle Johnson, Sr. HR Manager, Marvin West Fargo
(This contrasts with the "Reasonable Accommodations Process" which states that employees "may make such a report or request for accommodation orally or in writing" and should participate in the interactive process.)
“Our HR team and Leave of Absence team have been working diligently…”
— Michelle Johnson
(Despite multiple unanswered emails from me over several weeks, demonstrating a failure in the ADA interactive process, which the "Reasonable Accommodations Process" requires - Section III.a.)
“I was sorry to hear that you were not coming in to meet with me before your shift as we had discussed…”
— Michelle Johnson
(After I was already overwhelmed and had clearly communicated I needed time and less pressure due to the stress of the ADA accommodation process, which should involve a good-faith interactive dialogue - Reasonable Accommodations Process, Section III.a.)
“Because you are raising some new concerns, I am going to have our Ethics Point investigator… contact you.”
— Michelle Johnson
(No follow-up ever occurred until much later, demonstrating a failure by Marvin Ethics and potential retaliation, contrary to Marvin's "Speaking Up and Non-Retaliation Policy" - Section II.a.)
“Lincoln Financial Group will not be making a decision on your request. This interview provides information to assist your employer with the determination…”
— Marvin's Lincoln Financial Portal
(Directly contradicting Marvin HR's reliance on LFG for ADA accommodation decisions, and highlighting that Marvin retains responsibility for the "determination" - Reasonable Accommodations Process, Section III.a.)
The Evidence is Clear: Systemic Issues at Marvin
📢 Firsthand Accounts from Other Marvin Employees
Other current and former Marvin employees have shared similar experiences with mistreatment, disregard for mental health needs, and issues with Marvin HR and management. For privacy, they are kept anonymous. These accounts suggest a pattern of behavior that contradicts Marvin's stated policies.
“I had to basically threaten to report OSHA violations for them to address safety issues.”
— Anonymous Marvin Employee
“They treat people like machinery. As soon as you can't do the job as fast as they want, you're replaced.”
— Anonymous Marvin Employee
“They told me to try and go to urgent care or the ER to have my ADA paperwork filled out since I couldn’t meet with my doctor in 14 days… even though most of that was during weekends or shifts I worked.”
— Anonymous Marvin Employee (Highlighting excessive documentation burden in the ADA interactive process, similar to my experience and contrary to the scope outlined in Marvin's "Reasonable Accommodations Process" - Section VI.b.)
“HR couldn’t even explain why I was written up. The HR manager admitted the rep handled it wrong, but nothing happened to them — I still got the write-up.”
— Anonymous Marvin Employee (Suggesting issues with Marvin HR accountability, contrasting with the "Speaking Up and Non-Retaliation Policy" which promises investigation and corrective action - Section III.a, c.)
Why This Experience at Marvin Matters
Employees with disabilities deserve dignity and respect in the workplace. The ADA mandates a fair, interactive process for accommodations. What I experienced at Marvin Windows & Doors violated those principles and federal laws, resulting in disability discrimination and retaliation. This is contrary to Marvin's stated commitments in their "Equal Employment Opportunity Enterprise Policy" and "Speaking Up and Non-Retaliation Enterprise Policy."
Call to Action: Exposing Workplace Issues
If you or someone you know has experienced similar issues at Marvin, particularly related to ADA accommodations, discrimination, retaliation, or problems with Marvin HR or Marvin Compliance, consider taking action:
- 📣 Contact the EEOC (Equal Employment Opportunity Commission) to file a complaint if you’ve experienced similar mistreatment or discrimination.
- 📤 Share this story on social media to raise awareness about workplace issues at Marvin Windows & Doors.
- 📧 Email Marvin corporate and demand accountability for their ADA violations and treatment of employees, referencing their own policies like the "Equal Employment Opportunity Enterprise Policy," "Reasonable Accommodations Process," and "Speaking Up and Non-Retaliation Enterprise Policy."
Supporting Evidence & Press Kit for Marvin Issues
Extensive documentation, including emails, HR communications, internal Marvin policies (such as the "Equal Employment Opportunity Enterprise Policy," "Reasonable Accommodations Process," and "Speaking Up and Non-Retaliation Enterprise Policy"), medical notes, and redacted records, are available. This evidence supports the claims of ADA violations, retaliation, and constructive discharge at Marvin Windows & Doors. Available for legal or press review upon request.
Visit the Press + Media Kit