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I need the following information before I can answer your question:
Can you please tell me whether or not you are willing to file a discrimination claim?
I'll look forward to hearing from you,
Jane Doe Deer
While COPD and asthma may not be covered by the ADA, it may be covered by NJ state law and the state discrimination office. You can check with them here: http://www.state.nj.us/lps/dcr/filing.html
As you probably know from working in HR, state discrimination laws often provide more protection than the federal law. There have been recent changes to the ADA, however, so you may now be covered under the ADA where you may not have been a couple of years ago.
It sounds to me as though your boss wants to keep you and is trying to be flexible and accommodate your health concerns (your dealings with your children is none of her business).
I suggest that whatever you do, to do everything in writing. For example, if you want to cut down to 32 hours, and telecommute one of those days, put that down in a written proposal to your boss - but only if YOU want to.
If you do make this arrangement, make sure that you will be covered by workers' comp on the day(s) you telecommute.
I'll be here and available the rest of Saturday if you'd like to talk some more.
Thanks for your advice. Our former site nurse who is still a friend said that COPD is covered under the ADA but I will check futher. What I don't like is what I saw regarding my upcoming bonus and don't know how to handle it when I'm told. As I said, I have doumentation that my previous ratings were high. Now we have a new site director who doesn't know me well at all who I know influenced some of these ratings. Maybe he does not like the fact that I've been sick - many negative comments are made about STD at my site. If fact I just received an email from a manager showing some of the people he didn't want to give raises to and he referenced them being on STD. I am going to keep a hard copy of that. Though I've known my boss for years I know I can't trust her. I don't think she wants to get rid of me but maybe the site director does. He's just a short timer (completed 1 of his 3 years) from the U.K. who I think is there to either shape us up or close us. Also, the 4 people they just eliminated and gave packages to were all over 55. I can't believe noone has said anything about that yet.
Any flexible work arrangement will be in writing. I work for one of the top pharma companies so they are strict with documentation. I guess what advice I'm looking for is how to handle a low rating when I'm told. Do I reference the fact that I wonder if this has to due with my illness or am I opening a can of worms? I know I can't just sit back and take it so I may just write a rebuttel to be attached to my review outlining the work that I've accomplished and why I don't agree to whatever may be said. Also, she did not do any type of mid-year or any other review during the year telling me she wasn't satisfied with my performance.
I suggest that you write a polite and brief rebuttal to your evaluation. The trouble is, if you are an "at will" employee it doesn't matter how long you've worked there; walk on eggshells as though you've been there two weeks, especially with a new manager.
Keep records. In fact, you may want to keep a work journal at home. Just be aware that should you ever have to go to court, the opposing side has the right to read your journal.
And, again, if you're "at will" the employer can fire you at any time, for no reason at all. Given that, if the employer fails to give you a review, provide a gentle reminder in writing, and never speak of it again.
If the employer IS discriminating against you, they'll say they're not discriminating, and that it was a behaviorial or performance problem. Don't give them that excuse.
Thanks for paying promptly,
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