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Registered: ‎03-16-2010

Re: What would you do i f you were me?

@ Daisy Funny you should mention the boss watching you. So I have been working at home since December 2019. When this boss came on, she made us turn on our computer camera all day so she can watch us. I think she has major issues. For those of you who asked, yes I have insurance from my job. The founders of the company are former bosses of mine, who know me well, so I am thinking things will go my way except my boss is probably going to be very angry at me. I would never want to hurt my former bosses. 

I did a little investigating and I think I may be covered under the ADA due to my Obstructive Sleep Apnea and the scarred lungs.  I have been on CPAP treatment for 9 years. I copied and pasted this from the ADA:

(1) Disability

The term "disability" means, with respect to an individual

(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;

(B) a record of such an impairment; or

(C) being regarded as having such an impairment (as described in paragraph (3)).

(2) Major Life Activities

(A) In general

For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

(B) Major bodily functions

For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

(3) Regarded as having such an impairment

For purposes of paragraph (1)(C):

(A) An individual meets the requirement of "being regarded as having such an impairment" if the individual establishes that he or she has been subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.

(B) Paragraph (1)(C) shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.

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Re: What would you do i f you were me?

@Halo117 @ Daisy 

 

Both of your bosses sound like the bad guys in a Lifetime movie.

 

I hope this works out for you, @Halo117 !

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Re: What would you do i f you were me?


@Silver Lining wrote:

@Dinaki wrote:

@Halo117 , if I was you, I would stay home and take good care at my brother, my blood.

 

Emplyers dont want or try to understand as they see their employees as a dollar figure.

 

So stay home dear and if you get terminated by her, stay calm, try to look for another job and if you money permits, sue her. You have explained to her that you are ill and you have a brothert to take care at home.

 

Now, I dont know about suing here in America, but definetly you can if you were in Europe!

 

 


 

Very bad advice. Rightfully so, companies want employees to do the job they are hired to do. Suing your employer because they won't pay you to stay at home to take care of someone is crazy. Doubtful any attorney would take the case anyway.


@Silver Lining, I think that OPs situation and problem is not as you describe here. She's perfectly willing to do the job that she was hired to do, and she's not asking to stay home just to take care of her brother. Maybe reread her posts.


~Who in the world am I? Ah, that's the great puzzle~ Lewis Carroll, Alice in Wonderland
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Re: What would you do i f you were me?

 


@suzyQ3 wrote:

@Silver Lining wrote:

@Dinaki wrote:

@Halo117 , if I was you, I would stay home and take good care at my brother, my blood.

 

Emplyers dont want or try to understand as they see their employees as a dollar figure.

 

So stay home dear and if you get terminated by her, stay calm, try to look for another job and if you money permits, sue her. You have explained to her that you are ill and you have a brothert to take care at home.

 

Now, I dont know about suing here in America, but definetly you can if you were in Europe!

 

 


 

Very bad advice. Rightfully so, companies want employees to do the job they are hired to do. Suing your employer because they won't pay you to stay at home to take care of someone is crazy. Doubtful any attorney would take the case anyway.


@Silver Lining, I think that OPs situation and problem is not as you describe here. She's perfectly willing to do the job that she was hired to do, and she's not asking to stay home just to take care of her brother. Maybe reread her posts.


 

@suzyQ3you misinterpreted what I wrote. It was a reaction to Dinaki's post. I'm totally on Halo's side!

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Re: What would you do i f you were me?

[ Edited ]

@Dinaki wrote:

@Halo117 , if I was you, I would stay home and take good care at my brother, my blood.

 

Emplyers dont want or try to understand as they see their employees as a dollar figure.

 

So stay home dear and if you get terminated by her, stay calm, try to look for another job and if you money permits, sue her. You have explained to her that you are ill and you have a brothert to take care at home.

 

Now, I dont know about suing here in America, but definetly you can if you were in Europe!

 

 


 

 

 

 

 

 

 

 

Most jobs are "at-will", meaning they can let an employee go for any/no reason, and the employee has little, if any recourse.

 

 

 

And when it comes to suing an employer, takes time and money, and who do you think has more of that?

 

The employer does, and they can drag out a case for years, causing you to spend all of your money on attorney fees, providing that you can even find an attorney to even take your case.

 

 

When my dad was ill, and needed to go out of town for tests and a major operation, my employer was very understanding and accommodating towards me.

 

 

Even after I had to place him in a skilled nursing facility, and I went down to see him, again, my employer accommodated me, and this was the week before he died.

 

 

 

So you are wrong to say that employers won't or try to understand, and only see them as a dollar figure.

The Sky looks different when you have someone you love up there.
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Re: What would you do i f you were me?


@Silver Lining wrote:

 


@suzyQ3 wrote:

@Silver Lining wrote:

@Dinaki wrote:

@Halo117 , if I was you, I would stay home and take good care at my brother, my blood.

 

Emplyers dont want or try to understand as they see their employees as a dollar figure.

 

So stay home dear and if you get terminated by her, stay calm, try to look for another job and if you money permits, sue her. You have explained to her that you are ill and you have a brothert to take care at home.

 

Now, I dont know about suing here in America, but definetly you can if you were in Europe!

 

 


 

Very bad advice. Rightfully so, companies want employees to do the job they are hired to do. Suing your employer because they won't pay you to stay at home to take care of someone is crazy. Doubtful any attorney would take the case anyway.


@Silver Lining, I think that OPs situation and problem is not as you describe here. She's perfectly willing to do the job that she was hired to do, and she's not asking to stay home just to take care of her brother. Maybe reread her posts.


 

@suzyQ3you misinterpreted what I wrote. It was a reaction to Dinaki's post. I'm totally on Halo's side!


@Silver Lining, I must be missing something then. If so, I apologize.


~Who in the world am I? Ah, that's the great puzzle~ Lewis Carroll, Alice in Wonderland
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Re: What would you do i f you were me?

@Halo117, boy what a perplexing situation.  I agree with those that are saying to obtain a doctor's note saying that you are at high risk and need accommodations to work at home.

 

However, I do disagree with not mentioning your brother.  We are in unchartered terrority with covid-19.  I will pass on that our state commissioner of public health took a question from a reporter along the lines of this situation and he specifically stated that the individual should obtain a letter from the doctor stating that the individual and someone living in the home were both in high risk categories.

 

No need for specific information, just that the employee and an individual living in the home would be at risk if this person returned back to this particular job.

 

I am really surprised that this boss is trying to get everyone back into the office at some point and trying to get people together at a picnic.  Not only due to covid-19, but I have seen multiple interviews by major CEOs stating that their business had been really successful at working remotely and they were rethinking the amount of money it took to pay for that large office footprint.  Not just the rent, but the utilities and office supplies.  So they were really considering about downsizing office space and maybe even looking at having some people rotate days between coming into the office and working remotely. 

 

As for the picnic, I would also politely decline with the explanation that at this time since you are in a high risk category as well as someone living in your home, you are keeping your contacts to an absolute minimum but wish everyone a very nice time.  

 

Good luck and let us know what happens.  

 

 


* Freedom has a taste the protected will never know *
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Re: What would you do i f you were me?

[ Edited ]

You are 62. She may want you to quit so she doesn’t have to let you go. I would not disclose any more personal health issues because it really is none of her business. Knowing you are in high-risk categories per your health issues is all she needs to know. You also have your brother to care for. How long have you been with this company? Will you have a pension? If so, they may be seeing this situation as a chance to let people go. I know several friends in their sixties who are not being asked to come back. She sounds like a “teamwork” fan who likes staff to socialize. How are you going to do that if she puts you alone in a separate office? Protect yourself and keep taking good care of yourself and your dear brother. You have grounds for a lawsuit if she doesn't accommodate you.

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Re: What would you do i f you were me?


@Halo117 wrote:

I live in Florida. I don't think there are any rules here for the ADA for Covid, but I am not sure. I would think an argument could be made for it though especially since I had already been working at home, as are others. 


@Halo117

The virus is not contained in your state. It is time to find the best way to leave this job.

 

You have the stress of going to a workplace where people are not following the rules of social distanting.

Please discuss your situation with your doctor. 

 

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Re: What would you do i f you were me?

[ Edited ]

@suzyQ3  it was Dinaki who made that statement not @Silver Lining.