How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37879
Experience:  I provide employment and discrimination law advice in my own practice.
18572087
Type Your Employment Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

I have numerous autoimmune diseases (Addisons, Diabetes and

Resolved Question:

I have numerous autoimmune diseases (Addison's, Diabetes and Hypothyroidism). Along with those diseases I also have Parkinson's. I've asked my employer for accommodations because of these disabilities and they have compiled with one. Allowing me to work a shorter day, 9:00am-4:30pm with 1/2 hour for lunch. However, I've also asked to work from home the day after I encounter a medical issue that is out of my control. Such as, having to go to the emergency room because my Addison's is flaring up. Or if I have a bout with Diverticulitis. My employer doesn't want to accommodate this and they are saying that it causes the business trouble because I'm not available in person, just remotely. To my favor I've never dropped the ball on anything I'm responsible for whether I'm physically at work or working remotely (I'm a Database Administrator). I also have the added responsibility of being on call 24/7. Which they are completely ignoring that fact. They want to lower my salary by the 5 hrs. short I work each week, if the days worked from home become a problem. That doesn't make any sense because they are two different things. I believe this is a case of retaliation. Do I have just cause to sue them if they lower my salary?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 10 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

My apologies but that does not appear to be illegal. If you are formally appearing at work for only 7 hours a day rather than 8, the employer can choose to limit, modify, or cut your hours based on your schedule. That is not retaliatory, it simply shows the actual amount of time you spend working for the employer.

As for accommodations, the A.D.A. (Americans With Disabilities Act) requires that the employer provide you with 'reasonable' accommodations--that means that the employer has the ability to evaluate and make decisions about what accommodations they can and what accommodations they cannot provide you with. If, for example, the company frowns on telecommuting and does not allow it for others, for them such an accommodation may be unreasonable. I tend to agree with you that it appears to be a fairly innocuous accommodation unless you really have to be 'hands-on', but that is generally at their discretion. Hence, lowering your salary if you work less is not inherently retaliatory.

You could consider filing suit, but it is not a clear-cut case and not a very easy case to prevail under, at least based on your facts. If they would have cut your hours if you work at home BUT remain working for the company with the same schedule, my answer to you would differ, but as you are now technically working less, they can reduce your salary to that level.

Hope that helps.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37879
Experience: I provide employment and discrimination law advice in my own practice.
Dimitry K., Esq. and 2 other Employment Law Specialists are ready to help you
Customer: replied 10 months ago.

I have numerous autoimmune diseases (Addison's, Diabetes and Hypothyroidism). Along with those diseases I also have Parkinson's. I've asked my employer for accommodations because of these disabilities and they have compiled with one. Allowing me to work a shorter day, 9:00am-4:30pm with 1/2 hour for lunch. However, I've also asked to work from home the day after I encounter a medical issue that is out of my control. Such as, having to go to the emergency room because my Addison's is flaring up. Or if I have a bout with Diverticulitis. My employer doesn't want to accommodate this and they are saying that it causes the business trouble because I'm not available in person, just remotely. To my favor I've never dropped the ball on anything I'm responsible for whether I'm physically at work or working remotely (I'm a Database Administrator). I also have the added responsibility of being on call 24/7. Which they are completely ignoring that fact. They want to lower my salary by the 5 hrs. short I work each week, if the days worked from home become a problem. That doesn't make any sense because they are two different things. I believe this is a case of retaliation. Do I have just cause to sue them if they lower my salary? I've researched "Ask Jan" to see what a reasonable accommodation would be in my case and a reduced work day is stated as a reasonable accommodation. Also listed as a reasonable accommodation, is working from home. Everyone that I work with have worked remotely because of illness and they weren't penalized for it. I understand the fact that they are only required to pay me for my hours worked with them, but to threaten to lower my salary because of another issue, I think is retaliation.

 

Optional Information:
State/Country relating to question: Missouri

Already Tried:
I've had numerous meetings with them discussing these issues and I've tried my best to stay healthy and work my alotted hours. So far I'm doing really good.

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.