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Antiwork

Employer refuses to accommodate ADA

I have been working for the same employer for around 15 years. I have always gotten great reviews. I have always been flexible and have been willing to shift around into different roles as business has dictated. Then came COVID. We were sent home to work and I quickly realized my entire job can be done from home. Employer asked me to RTO and I submitted an ADA accommodation request and they begrudgingly complied. In the meantime, I have been reorg'ed under a new manager. This manager knew the situation upfront and said WFH was fine. Once my transfer was official, the new manager called me and said I had to come into the office twice a week, I said no. I have an ADA claim and my doctor recommends I WFH. He again begrudgingly complies. A month later, I get called back into the office, this time 5 days…


I have been working for the same employer for around 15 years. I have always gotten great reviews. I have always been flexible and have been willing to shift around into different roles as business has dictated. Then came COVID. We were sent home to work and I quickly realized my entire job can be done from home. Employer asked me to RTO and I submitted an ADA accommodation request and they begrudgingly complied. In the meantime, I have been reorg'ed under a new manager. This manager knew the situation upfront and said WFH was fine. Once my transfer was official, the new manager called me and said I had to come into the office twice a week, I said no. I have an ADA claim and my doctor recommends I WFH. He again begrudgingly complies. A month later, I get called back into the office, this time 5 days per week. I resubmit a new letter from my doctor to HR. I stay home.

Last week I had my performance review. Mind, you, I do a plethora of tasks no one else does, or knows how to do. I am busy and often eat lunch at my desk. I was told in my review that 1. I do not have enough workflow and 2. I have had an attitude problem with coworkers.

Now 1. is absolutely not true and 2. Yeah, I vented to a few (who I thought were trustworthy) co-workers about the ADA situation and how they are jerking me around and moving the goalposts. I sent a rebuttal to my boss. He is changing my review. So now I am in a situation I know I cannot trust my co-workers, my boss is not supporting me, being called into the office will always be held over me and I am both overworked, underpaid, and doing things above my pay grade and title. I have had anxiety and stress that is now affecting my health and mental state.

During my review my boss mentioned 2 interesting things, 1. that I have been at the business for 15 years and should I leave he did not see the company denying a UI claim, and 2. he did mention that the company has sought legal counsel on my ADA claim.

So after careful thought, I figure the only reason they sought legal advice is they want to fire me without getting sued. They simply do not want to acquiesce to my WFH request. They would rather lose an employee with 15 years worth of knowledge. So on Monday I am having a meeting w/ my boss and revisiting the comments he made about my leaving and collecting UI. If I can resign, collect UI and I CAN GET THIS IN WRITING, I am going to give my 2 weeks notice. I feel they will comply with this because as it stands if they fire me I have legal recourse due to 1. ADA 2. EEOC and 3. Constructive Dismissal. Also, the person who had thrown me under the bus and tattled about me venting will then be saddled with ALL of my work. Some things they simply will not be able to figure out. The wheels are surely going to fall off so doing it this way is preferable to them having time to prepare for my exit. I am able to get on my spouse's Health Plan.

I look forward to my summer off where I can decompress from this BS and live my best life.

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