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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
Please see the clause below signed by an employee of Syntel
HI: Please see the clause below signed by an employee of Syntel Inc, USA working out of a client location of company X in Phoenix. The person who signed this is in Phoenix, and is contemplating accepting an employee offer with TCS and would most likely work at the company X location as an employee of TCS. The relevant clauses are below: If the person joins TCS, would SYNTEL have ground to go after this candidate under the non compete or other clauses:Non-solicitation/Non compete:During the term of this agreement and for a period of 2 years subsequent to the termination of this agreement, EMPLOYEE shall not, without the prior written consent of SYNTEL, directly, indirectly, or through any other party solicit business from or perform services for any direct or indirect SYNTEL customer or any prospective SYNTEL customer whom EMPLOYEE had any contact with or exposure to at any time during the term of this Agreement:Non_Diversion:During the term of this agreement and for a period of 2 years subsequent to the termination of this agreement, EMPLOYEE shall not, without the prior written consent of SYNTEL, directly, indirectly, or through any other party solicit, offer to, or accept the employment of, or assist others to solicit, offer to, or accept the employment of, persons who are then, or were during the previous 6 months, employees of SYNTEL or any SYNTEL subsidiary
I am a Federal Employee with the VA here in Winston SalemView more employment law questions
I am a Federal Employee with the VA here in Winston Salem NC. I was hired as a disabled Veteran in May of 2009. Currently I have been placed on what is called a Performance Improvement Plan (PIP) which is actually just a precursor to termination. I was placed on the PIP for being under the production performance requirement for my position for the previous 90 day period. I am a Rating Veterans Service Representative (GS-12). I rate disability claims for Veterans. At the time I was placed on the PIP, August 12, 2015, there were many more RVSRs who were also under the production performance requirement for the same position for the previous 90 day period who were not the subject of a PIP, it was only me. When I asked the Union VP, Geneva Moore, why that was, she told me the Service Center Manager, Douglas Chapman was angry with me because earlier in the year I had received a Reasonable Accomodation (RA) and he was excluded from the process. Requesting an RA requires medical evidence, records, certifications and diagnosis documentation be submitted to support whatever the RA is based upon. The VA was, at the time of my request, and continues to place as many people in the work at home program (telecommuting) as possible. Mr. Chapman had placed criteria on awarding participation in the the work at home program that I did not meet due to the effect my PTSD symptoms (which were worsening) were having on my ability to meet my productivity requirement. The Director of this facility, Cheryl Rawls, has an open door policy which she constantly reminds employees of and prompts us to use it for any issue we want to discuss with her. I utilized this open door policy to procure my RA because I was and still am extremely embarrassed about my PTSD diagnosis, the ongoing treatment requirements and in particular the symptoms I struggle with which were worsening due to the stress of the work environment at the VA Regional Office. Director Rawls was very understanding about my need for my private medical condition to remain as private as possible and processed my RA request in strict confidence and granted my request to be part of the work at home program. For about 6 months prior to requesting the RA to telecommute I had been keeping management up to date on my worsening medical condition (which continues to this day), because I had to take so much sick leave and anual leave because of the diagnostic and testing requirements. I didn't frame it as PTSD related, just that I was experiencing concentration and memory problems which were affecting my ability to perform at the level required for my position. The concentration problems were bad but most worrysome was the fact that my short term memory was deteriorating. After several months I received a diagnosis from a couple of doctors, most notably Dr. ***** *****, an expert in this field. There was no organic disease, like early onset Alzheimers, but that it was a brain chemistry issue driven by the increased symptoms of PTSD. I started the treatment regimen to address and hopefully improve this PTSD connected condition that were interfering with my ability to meet my job requirements. I am service connected for PTSD and my combined service connected disability rating is 100%. I informed management that I finally had a diagnosis, was beginning treatment with a new drug and that my prognosis was very good. I informed management that the time frame for full efficacy of the medication was 12-14 weeks and as I had done all along, offered any documentation they might require. After 4 weeks into the treatment regimen, I was singled out by Mr. Chapman and placed on a PIP. My union representative (who is himself an attorney and a member of the Bar in Georgia) counter proposed with a request to delay this adverse action until the end of the efficacy period when I had scheduled appointments with Dr. Hill and also with Dr. Pharr of Wake Forest Baptist Hospital's Neurology Department's memory testing group to evaluate me. Then I could be fairly evaluated for the normal period of 90 days and then a fair conclusion to place me on a PIP could be made. Our counter proposal was rejected by Mr. Chapman despite providing him with multiple provisions of the Master Agreement between Labor and Management that clearly supported our proposal. When pressed by my Union VP as to why he was singling me out for this adverse action which normally leads to termination, Mr. Chapman confirmed to her that he was angry with me for bypassing him in the RA process. That's about as clearly retaliatory as it gets. i would like to discuss this in detail with an attorney who specilizes in labor law as it applies to federal workers who have been discriminated against.Thanks,Bob Delp