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Jane T (LLC)
Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8435
Experience:  Worked with employment legal group in major national corp.
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I have worked from home, every thursday, for the past 7 years.

Resolved Question:

I have worked from home, every thursday, for the past 7 years. It's not in my written contract, however no-one until now has raised any queries. All of a sudden they now want to stop me working from home. Can they do this?
Submitted: 8 years ago.
Category: Employment Law
Expert:  Jane T (LLC) replied 8 years ago.

Dear LHinhau,

 

What state is this in?

 

Was any guarantee made that working from home would be allowed always?

 

Is there any discrimination involved in this decision to stop this practice?

 

Is this a contract position (as an independent contractor or someone whose employment job duties, responsibilities, and employer obligations to the employee are entirely detailed in a contract) or are you an "at-will" employee?

 

If the contract does control the employee relationships, does the contract indicate anything about practices that may become fixed or is there a policy about working from home? If there is a policy what does it say?

 

 

Customer: replied 8 years ago.

I work for a civils contractor.

 

The agreement was a verbal one from my Line Manager, as the traveling was starting to affect my health and he understood it was going to be every Thursday. I attended a session with an Occupational Health rep at my companies request.

 

Our company then got bought by another and now apparantly it goes against their "company policy".

 

The policy is that occasional working from home is allowed, however this agreement was made between me and my manager before the new policies existed.

 

The only thing on the policy I can find is payment related.

 

There is nothing on my companies web site about "working from home"

 

Regards

Laura

Expert:  Jane T (LLC) replied 8 years ago.

DearCustomer

 

It is possible that verbal agreements made by company employees can be considered binding contracts. However, where an agreement is reached with a former employer, and due to a buyout a new employer brings new policies, the new employer may be able to alter or not abide by those agreements as they were not parties to them (the method of the buyout may alter this, for example if they agreed to maintain agreements already in effect, for example). U.S. private employers do not normally have to have alternative work policies if they do not prefer them. Where a health reason, however, becomes one that can fit under the Americans with Disabilities Act or applicable state law, then a reasonable accomodation for an employee, which does not overly burden the employer, may be requested.

 

 

 

 

 

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