Overworking employee with a disability

[Anonymous]

Asking for a friend. Employee is non exempt, not large salary and often is required to work long days in a high stress office position. Employee has a medical condition that can be managed with balance of rest and moderate level of stress. Excelled in prior professional job environments. Normal workdays were actually said to be the general rule, but nothing was stated in writing on that point.

Current workplace managers hold meetings on top of meetings, prolonging the workday and contributing the long hours. Fatigue and reduced time to rest and recoup is leading to small mistakes, then criticism and scrutiny from these same managers. Dressing down takes place in front of others. ADA disability officially acknowledged, and accommodation of a WFH day granted but not particularly practical to use bc the job needs in office collaboration. Accommodation for a 40 hour work week, on the basis symptoms are worsening due to stressful work hours, has been requested, but more work is being piled on while that is in process. Some evidence is in writing, and other employees have voiced that they noticed the inappropriate verbal treatment.

All this is causing the medical condition to worsen, with overt physical symptoms.

The job could be done fine (and has in fact previously had been done fine) with a more normal work schedule and normal management behavior.

An obvious choice would be to quit, but with the difficult job market and desire to have some type of reference, are there other realistic ways to try to address this without risking further retaliation. Requesting reassignment or manager coaching would be ideal, but it’s a risk for blowback.

[Anonymous]

Can’t she just work forty hours and then go home? It’s not brain surgery just because some midlevel manager wants to feel
Important

[Anonymous]

What outcome are you hoping for?

[Anonymous]

Anonymous wrote:What outcome are you hoping for?

Retain job, but with managers respecting basic boundaries by not making the workday so abnormally long, engaging in relentless criticism and exacerbating medical symptoms.

Walking out after eight hours a day at present could be viewed as insubordination, possibly with a poor performance review and reference.

[Anonymous]

What do you mean by abnormally long? Outside of 40 hours? Outside of core business hours?

It's not illegal for a company to give you feedback on your work or a poor performance review even if you have ADA protection.

[Anonymous]

Is she in a client facing role? If so, it might be part of the job to work more than a standard 40 hrs to meet deliverables.

If everyone is working 45-60hrs because that’s the company expectation - she should find a more accommodating role.

[Anonymous]

Hugs to friend! If possible start applying for jobs and brushing up on interview skills. Seems like they are trying to push formed out even with accommodations.

Seek the advice of a labor & employment attorney. Friend might have grounds to sue later. Document everything and ways accommodations were violated. Give the company a chance or rectify, if they don't document it.

[Anonymous]

So much bad advice here. There’s always a nasty troll or two lurking on job threads

Do not quit.
Go back to HR and get needed accommodations in writing if they’re not already
Follow those standards but do your best within that framework

[Anonymous]

^ and document!

[Anonymous]

I think employee needs to draw hard boundaries on the RA they have. She needs to look exactly at what the WFH RA says. If it says she can WFH on certain days, then don't come in and be responsive online. If it says can WFH when there are no meetings, but there are meetings almost every day, then go back to HR. If she gets the RA for 40 hours, she needs to leave on time at 5PM, and then communicate with boss about what projects to prioritize during those hours.

I an not sure any of that protects her if she makes mistakes and the bosses are unhappy/are jerks, unless she can really show she's being singled out due to RA. Otherwise it could just be the bosses are jerks to everyone (sounds like it). Hopefully if the RA is adhered to, she will actually be rested, and not have as many issues.

You also said she is non-exempt, so is she being paid for these additional hours?

I definitely relate to these low paid (I mean low like 60k, not 150k) jobs that keep you for hours after the fact, offering "flex time" that you can use within the pay period but you never get a chance... the best thing really is to quit. I would advise her to try taking FMLA and use that time for resume and interviews. Intermittent FMLA would be a good option, that's where you can take leave in spurts, as needed, not one long block. She should be able to get references from other colleagues and past employers.