I accepted employment based on telecommuting and travel due
I accepted employment based on telecommuting and travel due to my ADA accepted disability. Employer is now making me commute 3+ hours a day to a location outside my zip. What, if anything, can I do?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I live in Oregon, worked in OR, CA, and NVJA: Is the employment agreement "at will," union, full time or part time?Customer: At will with Wells FargoJA: Anything else you want the lawyer to know before I connect you?Customer: Full time, I'm an AVP, and and an exempt employee
I live in Illinois, employed by same fortune 100 company for
I live in Illinois, employed by same fortune 100 company for 17 years, 14 plus years of home based worker full time. I am exempt Senior IT Engineer. My department, not the company is is telling me and others in the Dept no more home based worker with 9 weeks oral notification. My company as a whole and is expanding telecommuting and HBW. We are global workforce, Ireland, India, Canada. All my work interaction never require face to face, vast majority of people I work with are in other countries. Do I have protection from unilateral decision and change of work location? My job is not changing
I'm seeking legal advice, or information on where I can get
,I'm seeking legal advice, or information on where I can get advice'Gerald S. Tweed 04/17/2016
***** N.Columbus IN, 47203Cell (###) ###-####DayHome(###) ###-####EveningCase Description:I'm a 67 year old Combat Veteran. Since May 2015 I have been denied my request for reasonable accommodations by my employer in order to attend my therapy sessions at Richard L. Roudebush VAMC in Indianapolis, IN.My request has been very simple: to allow telecommute flex time for me while I attend my therapy treatments. My request would not cause any undue hardship to my employer. Since GECOM Corp. has a VPN connection, and has provided a laptop for me specifically for telecommute usage, than no additional expense would be required. My occupation as computer programmer allows me to perform all of my duties remotely.I have been asked in the past to travel with my laptop while on vacation.(I have one duty that requires my attendance, and that is to collect garbage around the company property once or twice a week). One of GECOM's positions is I'm in a very small department; therefore I need to be at my desk.I've been allowed to work remotely in the past while being treated for stage 4B Non-Hodgkin's lymphoma. During this time I was on call but able to work remotely from the hospital. When I was able to be exposed to people I went to the office daily.Recap on my request to my employer:1. No undue hardship to GECOM Corp.,2. Request is for 4 hours a week , sometimes a little more to telecommute flextime.3. Except for my duties to collect trash, as a computer programmer I can perform all of my duties remotely.Following is a little more detail:These are the reasons given to me by Amy Bray HR manager at GECOM Corporation as to why I'm being denied my request for reasonable accommodation (telecommute flex time).GECOM does not consider Veterans Disability the same as “regular disability?”My reasonable request to telecommute flextime is not medically necessary.I'm designated as key personnel and must be at my desk.See E-mails included related to reason for denialFollowing is a list of a few of my hardships, causing me stress, anxiety, and depression:The distance from GECOM to the Veterans Hospital is about 74 miles and I get very exhausted from the travel.I have reduced my therapy from once a week to once every 2 weeks.I'm stressed about losing my job, (see included GECOM Policy for Salary Time off).I have used all vacation time for treatment including 3 wks at the VA in Battle Creek,MI. After I have used all of my Vacation time, FMLA, 3 days of PTO, and all of myUUTO (unauthorized unpaid time off), and after I have used all 7 UUTO days I will be terminated. Hardly the situation a “key player” would expect to be in.I'm sure you are asking yourself, how do you authorize unauthorized unpaid time off? I have stress and anxiety keeping up on my projects at GECOM.This situation is creating stress with my marriage. My wife has changed her primary provider because we needed to find a physician with evening hours.The reasons given to me by Amy Bray for denial of my request do not make sense in that ultimately if I worked flex time, GECOM would be benefitting and getting more work done by me. I'm questioning whether my age has become a factor.I have even attempted to discuss the ADA's position with Ms. Bray and her response to me was “I know all about the ADA”. I have been informed there will be no further conversation regarding my situation. All of this stress is triggering my PTSD, and depression.I will to the best of my ability provide documentation from the VA, or other sourcesas you requested. You'll also find some documentation I discovered regarding telecommuting as a reasonable accommodation.Thank you in advance for any help and assistance as well as suggestions you might be able to offer.Sincerely,Gerald S. Tweed
My friend was out on a medical leave due to diabetes
My friend was out on a medical leave due to diabetes complications. She has been back at work for a few months, but on a remote basis, as her foot ulcers are not fully healed. Her doctor's recommendation is to stay off her feet until they are healed. She is able to do her job tasks remotely, as they are almost 100% involving online systems and email/phone interactions. However her employer is now demanding that she report to the office- which would involve public transportation and a fair amount of walking.She feels fairly certain her employer wants to terminate her. This stems from management turnover and political maneuvering that began several months before her leave, and has only deteriorated since she's been away from the office.What's her best course of action? Can her employer require her to come back to the office against medical advice? Seems to me this would be a prime case for an ADA "reasonable accommodation." Should she request that? Or is it better for her to wait until they fire her and file suit? Besides being female, she's a member of two other protected classes. And this is a New York City employer.
I was a telecommuter out of NH. I had traveled to NY over
I was a telecommuter for Comcast out of NH. I had traveled to NY over the holidays (12/12/15) to be with my dying grandmother (fully intending on working). My manager discovered I was out-of-state and told me Comcast does not allow employees to work in NY (even though they do have employees in NY). I told them I would keep them updated and emailed them the following two weeks until I received a voicemail from the HR rep stating she needed to speak with me about employment status. I sent her an Email and demanded we talk on the phone, but I have panic disorder and anxiety, so told her I was having phone issues to attempt to keep the conversation in Email. The following week I received notification of termination for absenteeism. I filed for unemployment for NH, but I was denied and am waiting for an appeal. Any suggestions for winning the appeal would be great.
I was promoted to a gher management role 25 months ago. My
I was promoted to a higher management role 25 months ago. My reviews have all been "Meets Expectations" since. No verbal or written warnings, despite weekly touch points with my supervisors. Yesterday I was told that a change was needed, and that I would no longer head my department - instead my job would be posted and I would be moved to a different (non-managerial) role. Same base pay, lower bonus potential, and of course a non-management title. I reside in FL, but the company is headquartered in CO. I am a white male, aged 49. Should I consult an attorney before "accepting" reassignment? My concern is that I may inadvertently walk into a lower (or even no) severance package, should general fears of downsizing in Q1 materialize. Thanks in advance.
I have been an employee of Comcast Spotlight 7 years
I have been an employee of Comcast Spotlight for almost 7 years currently in Peoria, ILDue to my father's alzheimers disease and my mother's spinal cord injury, I am the main caretaker. Due to the high level of care that they need, they moved from a large lake home in Central IL to a small townhouse in a southern suburb of Chicago.When I requested to be transferred to the Chicago area, I was turned down for "Business reason's" even though many employees live in the Chicago area and are actually Central Illinois employees. I am not commuting 4 hours per day (2 each day).The exact job that I have became available at one of the Chicago offices, but the salary was budgeted at $16,000 less, which is not something that I can accomodate at this time in my career.Please let me emphasize that I am an excellent employee with great annual reviews and absolutely liked and respected by my co-workers. The work that I do is one that lends itself to telecommuting and/or working from other offices. Please advise.Thank you
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I have a disability from an injury that has made it not
Hello I have a disability from an injury that has made it not possible to drive. I had always been able to telecommute before my injury and since I offer support to many different locations from one site I am technically remote anyway. I am being told now that I am back to work that I can't telecommute full time even though I still complete work at home that I couldn't finish. There is not a single thing I do except training a couple times a year that I couldn't do from home. My manager I fear is doing this purposeful since I was out for a long period of time for recovery but found I will have some lifetime limitations that make my giving 200% now only able to give 100%. I realize it's not their problem how I get to work but if I can't drive due to a disability and have always and still continue to work at home on my own time is it reasonable they tell me I can't do it full time from home? As of now I rely on others to get me to work. Even just the ride to work is challenging for me because of some issues I have. Can you tell me if I just have to deal with it or is it something I have a chance of taking up with hr?
I am currently receiving short term disability benefits. My
I am currently receiving short term disability benefits. My employer pays me but an outside agency handles the processing of the STD. FMLA has already been exhausted. I have been out since June. I do not wish to return to this job because I feel it has led up to my condition and will come back. It is a very physical and stressful job. It has been a long road to recovery which I would rather not repeat. I have been injured in minor instances in the past and I am tired of getting hurt. I am not seeking to prove that my job caused this or anything. I simply want to leave this job. I am concerned that I will need to pay the STD benefits back if I quit. My medical benefits are through my spouse. Do I have to return at all to resign? Meaning do I have to go back and resign in order to not have to pay back the benefits? I see the doctor soon. If he releases me, it will most likely be on the day that there is an orientation for another possible job. (There are no other orientat