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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
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Experience:  Employment/Labor Law Litigation
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Can an employer reduce my hours in order to hire a new employee

Resolved Question:

Can an employer reduce my hours in order to hire a new employee who is not disabled? I am performing the essential duties of my job without accomodations and made my disability known prior to hire.
Submitted: 4 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 4 years ago.
Have you requested accommodation?

How many employees does the employer have?

Have they singled you out for this reduction in hours? Is there any basis, other than your disability, to explain why? (Seniority, etc.).
Customer: replied 4 years ago.

Yes, I requested a more flexible schedule and did ask about the possibility of reduced hours after a grueling annual review by my supervisor. She said she had to work with our schedule and could not change my hours.

Now that they are trying to hire another staff member, she wants me to reduce hours in order to "sell" the new hire to her boss in regards XXXXX XXXXX budget.

The entire facility has over 100 employees.

Yes, I was the only one in my department (of 3 full-time staff) to reduce hours.

I have the most seniority besides my direct supervisor, who has not been understanding at all about accomodating disabled employees. I do not understand why she is the way she is with me. I think she has prejudice against disabled people and wish she had never hired me!

I am good at my job and am doing my job and well liked by clients and co-workers. She gets frustrated with me from prior sick call-ins, which I have improved. I've called in sick once since my evaluation 4 mos. ago. The prior year, I called in sick 6 times, but she was counting the week I took off due to a wrist sprain on the job....she required that I take all my vacation time for that.

 

 

Expert:  Allen M., Esq. replied 4 years ago.
Flexible schedules can be an accommodation if the company can sustain them. That's a question for the EEOC.

The request that you be the one to reduce hours is likely discrimination, but the problem that you have is that once asked for reduced hours. Your going to them and telling them that you do not want reduced hours helps solve that though.

You need to file a claim with the EEOC, noting the lack of accommodation and this adverse employment action (being the most senior, but the first to reduce hours). All such claims must go through them and are protected activities, so further retaliation would be unwise and would grant you more ammunition against them.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15805
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 11 other Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

Yes, I will accept and his has been very helpful. My employer probably feels that a more flexible schedule is too difficult for such a small staff. I did ask for the possibility of reduced hours or more flexible schedule 4 mos. ago and was denied. Now my situation has changed financially and I cannot afford to reduce hours as long as I can keep working, which I have been doing fairly well. I told her this today, but I am being made to feel I have no choice in the matter.

I am probably the most passive and acommodating employee, which may be the other reason besides being disabled as to why I was targeted. I do not know.

I will talk to the EEOC if you feel it will help me. I am getting VERY frustrated at working so hard to meet their needs and none of mine are being met.

Expert:  Allen M., Esq. replied 4 years ago.
They can help. They investigate these types of claims for free and can often reach a resolution that can make everyone happy...or at least content.
Customer: replied 4 years ago.
Thank you Jagcorps....you've been a huge help. Sorry for my rambling. :-)
Expert:  Allen M., Esq. replied 4 years ago.
It's not rambling, it's venting. That's allowed here. Laughing

I'll close the question. Take care.

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