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Recent Telecommuting questions

I have cancer. I faxed my employer a note from my doctor who

Hello, I have cancer. I faxed my employer a note from my doctor who advised that I could return to work full time but had to work from home (which I have previously done prior to my diagnosis) due to the fact that I had tailbone and sacrum surgery and I need to frequently change positions and lie on my side. I asked for my employer for a reasonable accommodation (working from home). They responded that I can only work 2-3 hours from home until I am able to drive! I asked why since my doctor said I could work full time. So I guess the first problem I have is that how can they only allow me to work part time now and secondly if I do only work 2-3 hours a day, why would I not be entitled to my regular pay since I am salaried. I am contemplating filing a charge with the EEOC or IL dept of human rights and possibly with the DOL wage and hour division. I am a claims manager so I know a bit about EPLI cases and I have never had a negative review or complaints. Advice?

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Patrick, Esq.

Doctoral Degree

20,436 satisfied customers
I have a question about what my legal right are if my work

I have a question about what my legal right are if my work schedule was changed my my employer. The new schedule being mandated was not what we originally agreed on and it now does not work for my personal life and I feel I am being forced out of a job because of the change.

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Patrick, Esq.

Doctoral Degree

20,436 satisfied customers
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

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Patrick, Esq.

Doctoral Degree

20,436 satisfied customers
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

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ScottyMacEsq

Doctoral Degree

24,306 satisfied customers
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

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Infolawyer

Attorney

Juris Doctor.

42,952 satisfied customers
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.

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Samuel II

Attorney

Doctoral Degree

31,960 satisfied customers
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.

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Infolawyer

Attorney

Juris Doctor.

42,952 satisfied customers
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.

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Loren

Juris Doctor

44,934 satisfied customers
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

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,830 satisfied customers
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