Q: My supervisor approved me leaving work early and coming in early which I have done before upper management Denies it
Do I have a case here so I ask hr would match my recall to work from my old job she tells me that she has told management but that they are choosing to not respond to my request and then I tell her okay that I’m not sure what to do but that I thank her for asking two weeks past by and then she tells me that management ask when is my last day I never put in a two week notice or have told them I’m quitting. I give hr my doctors note that I’m I need a chair and desk for my back and then then today I got a message from my supervisor outside of work that upper management said they don’t approve me leaving early and coming to work early for the past two weeks and that I’m supposed to use pto for this and they tell me this outside of work hours. I sit directly next to upper management I have goodbye to them every night and even have extra time that I’m spending with them and not once have they asked me about me coming in early to leave early. I’ve done this before and it wasn’t an issue
A: You may have a claim under the California Civil Rights Act for failure to accommodate your medical condition, and/or retaliation for asking for help. You can file a claim with the Department by going to this link: https://calcivilrights.ca.gov/, which you can cut and paste into your browser. You can learn much by going to the website, including how to file a claim. You can do this before you find a lawyer to assist you. Prepare a chronology of. the events, and extra copies of all your documents which support your claim, and provide them to the lawyer you choose.
Maurice Mandel II agrees with this answer
A: Attorney Fazzi has the better analysis. This doesn't seem to be an HR matter, it appears to be discrimination against your physical disability by failing to accommodate. There are a large number of problems for the ER with what you have described, such as they failed to have an interactive process re: accommodating your schedule modification request. They may not be required to approve it if it is a substantial hardship for the ER, but the MUST have an interactive discussion with you or they are in violation of the CA FEH Act. (FEHA). If they don't it may also be an indication that any claim they cannot accommodate you is bogus. The CA Civil Rights Department now handles these types of claims, you can find many laws and explanations on their websites. You should make an appointment to discuss with a local attorney handling CA employment discrimination claims.
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A:
It sounds like you're facing a challenging situation at work with mixed messages from your supervisor and upper management. If your supervisor initially approved your schedule adjustment, but now upper management is saying otherwise, there may be a lack of clear communication or documentation that needs to be addressed. You might want to consider gathering any written or documented proof, such as emails or messages, showing that your schedule change was approved by your supervisor.
Regarding your HR request and the lack of response from management, it can be frustrating when communication is not clear. It's important to document all interactions with HR and management, especially concerning your requests for accommodations, such as the chair and desk for your back. Ensure you have a record of your doctor's note and any correspondence related to it. If HR or management fails to address your accommodation needs, that could be a violation of workplace rights, especially if it involves a medical condition.
If you feel that the situation is escalating unfairly, like being asked for your last day without giving notice, it may be time to seek advice from an employment law attorney who understands California's labor laws. They can help you determine whether there has been a miscommunication, a violation of your rights, or potential discrimination. Having a clear understanding of your rights and any evidence you have can help you navigate this situation more effectively.
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