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-   -   How do I protect my rights as a disabled employee? (https://www.askmehelpdesk.com/showthread.php?t=574770)

  • May 5, 2011, 09:34 PM
    TwoSkies
    How do I protect my rights as a disabled employee?
    I have 3 conditions, all of which require meds, and any of which qualifies as a disability. Most recently, I was in the ER on 4 occasions, a dentist once, and a facial surgeon: I eventually received a diagnoses of trigeminal neuralgia. I am also bi-polar and have generalized anxiety disorder.

    After missing perhaps half of my work-week (no banker's hours here) I received my new schedule. My hours had been cut down to 3 (three). When I asked why, I was told it was missing work. I've provided documentation of each visit, and made them aware of my disabled status.

    Are they still allowed to punish me by taking away my livelihood? And how to I prevent this from happening again, given that certain aspects of my disabilities are out of my control (flare-ups, etc.)?
  • May 6, 2011, 03:25 AM
    ScottGem

    Employers are required to make a reasonable accommodation for disabilities. That doesn't mean they have to allow you to come and go as you please. If you are unable to meet the requirements of the job, they do have a right to cut hours or even terminate.

    Whether they are discriminating against you because of your disabilities would require more of an analysis then we can do here, so you might want to consult an attorney familiar with the ADA.
  • May 6, 2011, 04:23 AM
    Fr_Chuck

    They may change some physical things, give some flex hours if possible for you to do your job. But all of your work would have to be done, and done in a time frame they need.

    If you are going to be out, did you ask for and receive leave prior to taking the time off.

    But if your illness keeps you from working assigned hours, there is no protection for that.
  • May 6, 2011, 08:33 PM
    TwoSkies
    Thanks for the responses and help. I should have made it more clear, I missed work because I was receiving emergency medical care. In all but one case, I offered to return to work for the remainder of the shift and was told, "Don't worry about it."
    The next week, the whole 3 hour work-week thing happened. I understand that employers are within their rights to cut hours for unexcused or unexplained absences, but it seems that these are answers to questions that I haven't asked.
    My bad.
    Let me restate my question: Is it all right for an employer to cut hours expressly as punishment for seeking necessary emergency medical care?
  • May 7, 2011, 06:13 AM
    ScottGem
    Quote:

    Originally Posted by TwoSkies View Post
    Let me restate my question: Is it alright for an employer to cut hours expressly as punishment for seeking necessary emergency medical care?

    Unless you are under an employment contract an employer can do almost anything they want unless it is discriminatory. Proving the reduction in hours was punishment is going to be very difficult. But you really need to consult a local ADA lawyer for specifics in your situation.
  • May 7, 2011, 06:18 AM
    Fr_Chuck

    If they feel this level or type of emergancy care will be needed on a regular basis, they can and do expect you to be there at work during working hours, the only accomidation they have to make is perhaps in duties or items to help you do the job.

    If for example your condition may cause or have regular emergency needs, yes they are fully in their rights.

    If this was an unsual and not normal event, then perhaps they were outside their grounds.

    But I will be blunt, if you don't have a 100 percent sure case, and you try and sue or force them, companies often find a dozen other reasons to fire you.
  • May 8, 2011, 11:44 PM
    TwoSkies
    Comment on Fr_Chuck's post
    Heheh, I'm not looking to sue anybody. Just wondering how far they can go. Thanks for the answer.

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