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I have numerous autoimmune diseases (Addisons, Diabetes and

I have numerous autoimmune diseases...
I have numerous autoimmune diseases (Addison's, Diabetes and Hypothyroidism). Along with those diseases I also have Parkinson's. I've asked my employer for accommodations because of these disabilities and they have compiled with one. Allowing me to work a shorter day, 9:00am-4:30pm with 1/2 hour for lunch. However, I've also asked to work from home the day after I encounter a medical issue that is out of my control. Such as, having to go to the emergency room because my Addison's is flaring up. Or if I have a bout with Diverticulitis. My employer doesn't want to accommodate this and they are saying that it causes the business trouble because I'm not available in person, just remotely. To my favor I've never dropped the ball on anything I'm responsible for whether I'm physically at work or working remotely (I'm a Database Administrator). I also have the added responsibility of being on call 24/7. Which they are completely ignoring that fact. They want to lower my salary by the 5 hrs. short I work each week, if the days worked from home become a problem. That doesn't make any sense because they are two different things. I believe this is a case of retaliation. Do I have just cause to sue them if they lower my salary?
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Answered in 10 minutes by:
10/24/2013
Dimitry K., Esq.
Category: Employment Law
Satisfied Customers: 41,221
Experience: I provide employment and discrimination law advice in my own practice.
Verified
Thank you for your question. Please permit me to assist you with your concerns.

My apologies but that does not appear to be illegal. If you are formally appearing at work for only 7 hours a day rather than 8, the employer can choose to limit, modify, or cut your hours based on your schedule. That is not retaliatory, it simply shows the actual amount of time you spend working for the employer.

As for accommodations, the A.D.A. (Americans With Disabilities Act) requires that the employer provide you with 'reasonable' accommodations--that means that the employer has the ability to evaluate and make decisions about what accommodations they can and what accommodations they cannot provide you with. If, for example, the company frowns on telecommuting and does not allow it for others, for them such an accommodation may be unreasonable. I tend to agree with you that it appears to be a fairly innocuous accommodation unless you really have to be 'hands-on', but that is generally at their discretion. Hence, lowering your salary if you work less is not inherently retaliatory.

You could consider filing suit, but it is not a clear-cut case and not a very easy case to prevail under, at least based on your facts. If they would have cut your hours if you work at home BUT remain working for the company with the same schedule, my answer to you would differ, but as you are now technically working less, they can reduce your salary to that level.

Hope that helps.
Dimitry K., Esq.
Category: Employment Law
Satisfied Customers: 41,221
Experience: I provide employment and discrimination law advice in my own practice.
Verified
Dimitry K., Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 4 years ago

I have numerous autoimmune diseases (Addison's, Diabetes and Hypothyroidism). Along with those diseases I also have Parkinson's. I've asked my employer for accommodations because of these disabilities and they have compiled with one. Allowing me to work a shorter day, 9:00am-4:30pm with 1/2 hour for lunch. However, I've also asked to work from home the day after I encounter a medical issue that is out of my control. Such as, having to go to the emergency room because my Addison's is flaring up. Or if I have a bout with Diverticulitis. My employer doesn't want to accommodate this and they are saying that it causes the business trouble because I'm not available in person, just remotely. To my favor I've never dropped the ball on anything I'm responsible for whether I'm physically at work or working remotely (I'm a Database Administrator). I also have the added responsibility of being on call 24/7. Which they are completely ignoring that fact. They want to lower my salary by the 5 hrs. short I work each week, if the days worked from home become a problem. That doesn't make any sense because they are two different things. I believe this is a case of retaliation. Do I have just cause to sue them if they lower my salary? I've researched "Ask Jan" to see what a reasonable accommodation would be in my case and a reduced work day is stated as a reasonable accommodation. Also listed as a reasonable accommodation, is working from home. Everyone that I work with have worked remotely because of illness and they weren't penalized for it. I understand the fact that they are only required to pay me for my hours worked with them, but to threaten to lower my salary because of another issue, I think is retaliation.

 

Optional Information:
State/Country relating to question: Missouri

Already Tried:
I've had numerous meetings with them discussing these issues and I've tried my best to stay healthy and work my alotted hours. So far I'm doing really good.

 

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Dimitry K., Esq.
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Experience: I provide employment and discrimination law advice in my own practice.

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