 |
|
|
 |
New Member
|
|
May 5, 2011, 09:34 PM
|
|
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.)?
|
|
 |
Computer Expert and Renaissance Man
|
|
May 6, 2011, 03:25 AM
|
|
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.
|
|
 |
Expert
|
|
May 6, 2011, 04:23 AM
|
|
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.
|
|
 |
New Member
|
|
May 6, 2011, 08:33 PM
|
|
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?
|
|
 |
Computer Expert and Renaissance Man
|
|
May 7, 2011, 06:13 AM
|
|
 Originally Posted by TwoSkies
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.
|
|
 |
Expert
|
|
May 7, 2011, 06:18 AM
|
|
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.
|
|
 |
New Member
|
|
May 8, 2011, 11:44 PM
|
|
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.
|
|
Question Tools |
Search this Question |
|
|
Add your answer here.
Check out some similar questions!
Disabled employee hygiene issue
[ 6 Answers ]
I have a disabled employee that is confined to a wheel chair. As such, he doesn’t bathe daily and there are times when the smell becomes over powering in the department in which he works. I have experienced the problem first hand and have been very hesitant to say something since the hygiene issue...
How to protect parental rights when you are incarcerated
[ 1 Answers ]
My brother was recently incarcerated for a non-violent offense. Before his arrest he supported his household including his two children and their mother. The children spent more time with him and our family than with the mother. She is now filing for full custody with no visitations. What can I do...
Disabled parent's rights
[ 3 Answers ]
I am a disabled parent of a baby that is 1.2 years old. My disability doesn't prevent me from caring for the baby or endanger him; what are my legal rights as his parent? If the state(FL) were to take him from me how do I fight for him back?
Thank you for your help and time!
Tracey
My rights to protect my daughters
[ 6 Answers ]
My husband has been sexually abusing his step daughter and he wants to see his natural daughter and I want to stop him, can I stop him and if so how?
View more questions
Search
|