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Alex Esquire
Alex Esquire, Attorney at Law
Category: Employment Law
Satisfied Customers: 16721
Experience:  Licensed Experienced Attorney
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I am the primary caretaker of my severely handicapped daughter.

Customer Question

I am the primary caretaker of my severely handicapped daughter. I have recently been disqualified from my job due to being unable to meet the requirements of a mandatory overtime program. I t is necessary for my daughter to be attended to on a 24-hour basis,and because of this,I can not always respond to being called-out to work. I will respond if my wife is home, but she also works full-time to help pay for medical bills that insurance does not cover. The company has said that they intend to place me in another job that does not require mandatory overtime, but likely at a substantially lower pay rate. is there anything that can be done to prevent this from happening ?
Submitted: 4 years ago.
Category: Employment Law
Expert:  Alex Esquire replied 4 years ago.
Hello. My name is Alex and I will be happy to answer your question.

I am very sorry to hear about your difficult situation.

Do you have any type of employment contract with your current employer?
Customer: replied 4 years ago.

I belong to a union, and there is a contract in existence between labor and management.

Expert:  Alex Esquire replied 4 years ago.
Dear Robert,

Does you job description require mandatory overtime and have you contacted your union representative about this issue?
Customer: replied 4 years ago.

Yes to both questions.

Expert:  Alex Esquire replied 4 years ago.
Dear Robert,

What was the response from your Union rep?
Customer: replied 4 years ago.

The union intends to file a grievance on my behalf. However,this is a lengthy process.

Expert:  Alex Esquire replied 4 years ago.
Dear Robert,

Thank you for your follow up.

While the Union might be able to get involved and file grievance on your behalf and hopefully you would be allowed to keep your current position or would be able to obtain a position with comparable pay which does not require mandatory overtime, I am afraid that unfortunately the fact that you are a full time caregiver to you handicapped daughter, would not provide you with any additional legal protections or rights when it comes to this type of employment which requires mandatory overtime and basically it is up to the employer's discretion and also up to your Union to help you find resolution or possibly accommodate your special situation.

So, unfortunately, aside from the Union grievance and your employer's willingness to resolve this issue, I am afraid there would not be other legal options to resolve this unfortunate situation.

I am very sorry that you are faced with this difficult situation and I wish I could truthfully provide you with a more favorable answer. but please understand that I do have to professional obligation to provide customers with correct answers, even if the answer is not favorable to the customer.

I wish you and your family the best of luck!