The Shady Way HR Refuses to Accommodate Employees - #3

[@braniganrobertsonlaw]

Has HR ever refused to accommodate you?

[@bobbyhernandez9558]

They've refused me just recently. I made 2 different reports to the corporate office. I now have legal representation.

[@Spectre2434]

Absolutely. For physical and mental health problems.

[@Spectre2434]

So like if you use a cane and walker would knowing you have a disability be satisfied.

[@Octubre_Scorpio]

Hi Branigan, I work for the HMO "KP" but on the east coast. I applied for a RA and was told ALL my job duties are "essential" and it would be an undue hardship. I was left with the option of reassignment which ultimately left me without pay and was forced to apply for STD. The official email came the same day I was told it would be my last day in the dept, there had NO temp work (untrue) and that I could use my PTO. They obviously want me gone b/c I can't perform the work of 4 people and use my FMLA as needed. I have an EEOC investigation going on now for disability discrimination,failure to accommodate, and have reached out to DOL due to the fact my manager gave me discipline for using 1/2 day FMLA and "calling it job performance issue" last review by same mgr was good, no other job performance issues on file. Many moving parts but no luck finding an employment lawyer in MD. After much research I believe I have a strong case and need legal guidance. Should I wait until EEOC investigation is done before trying to find representation again? I can't even make it past the intake and s/w an actual attorney..it's exhausting and I'm feeling a bit defeated. Any advice/attorney referrals would be greatly appreciated.

[@alclsehsemf]

I wish you are my lawyer in Toronto

[@ladyoftheflowers9781]

Let me tell you there's nothing HR is more allergic to than an employee who is disabled and is very well learned about every facet of reasonable accommodations and who leaves a nice email trail that is sent to everyone after EVERY single meeting recapping what everyone has said. But when they get petty, such strategies are necessary to keep that paycheck alive. All of us disabled people need to be treated with the respect we deserve.

[@Libertaro-i2u]

I don't blame HR, most accommodations are so the employee can be lazy, skirt dress codes and other rules, etc. Very few disabilities require the employer to accommodate them.

[@B.D.TRX4]

​@@Libertaro-i2u who told you that? So a employee with ASD or ADHD makes them lazy and there is no need to accommodate them? We have an employee that has Both and out "scores" (higher metrics) than the other employees with No disabilities!

[@Spectre2434]

​@@Libertaro-i2uI'm quite sure EEOC would disagree.

[@LadyJpraise2024unbound]

Well said

[@LadyJpraise2024unbound]

​@Libertaro-i2u Your discriminating in your reply. How dare u demean these situations. If what u are talking about is true, then employers should actually b smart enough to see the truth and ask 4 more documentation, a second evaluation, or information from several things. Let's not blame workers for incompetence. It belongs to those who fail to b able to lead

[@jordensk13]

i worked as a salesman for firestone, had neck surgery and was not allowed to wear a brace even with a doctors note approving wearing it when not driving... hr allowed my manager to send me home if i needed it

[@Werewolf0216]

6:29 First, my manager waited 7 weeks to have the "interactive meeting" after it was requested. The interactive process with my employer broke down because 1) it was not interactive or in good faith. My managers already decided and told the "accommodation specialist" what accommodation they would give me, which they knew was short of what my doctor said, and all she did was recite what had already been pre-written. Anything I had previously told the accommodation "specialist" (who apparently knows nothing about the ADA even after I told her) was not considered. 2) they listened to no logic I gave about how I have already had this accommodation for 22 years with excellent work which they already know (it's a later start time due to major depressive disorder). 3) The accommodation specialist is in a completely different state and was attempted by teleconference which is not effective. 4) my manager has no interest in accommodating me because he wants to win.

[@Bekn7UOolToN]

Fantastic stuff. Would love a video (or link) about how an employee should (and should not) work with unions before it’s time to seek an employment lawyer, please. Again, love this series!

[@sirferr3870]

Thanks Branigan- your videos are a huge help!

[@LadyJpraise2024unbound]

My experience is that if u have a toxic employer, then nothing matters. And if u have filed something against the employer, then it is a wrap. They will do all they can to make ur work life hard. It doesn't seem like an eeoc or ocr complaint even phases them bc the penalty is small compared to the outcome they usually get. A drawn-out investigation that leaves u emotionally and physically drained, a reason to fire you, and small monetary judgments. Money talks, so if they really want discrimination to stop in jobs, then a million fine and punitive awards should b the minimum. Voting is important bc these laws get weakened or strengthened under certain. Elected officials

[@monterreymxisfun3627]

Just have everything ready for an EEOC complaint. If the employer wants you to wait for their forms, submit your own generic version of the forms and offer to transfer the data to their form when available. Acting quickly is essential before the employer has a chance to start managing you out. My takeaway from this video is to get a copy of your job description before you file your ADA request.

[@Libertaro-i2u]

It's not up to the employer to give you accommodations, that is your responsibility.

[@LadyJpraise2024unbound]

Exactly

[@jadej51]

Exactly how I was fired

[@IsaacGabriel-kh5ds]

I am resigning from a company here in Canada where the HR department has refused to respond to me at all. My mental and physical health has declined working with the company and I am better off elsewhere.

[@Eagledelta3]

How do things like Depression and Anxiety factor in as their own disorders? Depression and Anxiety, unlike "Stress", tend to be something that is part of a larger issue as it is. Both tend to severely limit a person's ability to function and tend to be beyond their own control to easily handle without medication or therapy (speaking from experience). This is based on the fact that clinically Depressions != Sadness and Anxiety != Fear they are distinct and are far more severe.

[@LadyJpraise2024unbound]

I agree, and it can be debilitating and a permanent disability versus short-term. JAN website list it as a disability

[@bucii01]

This is my issue and I have an EEOC appointment coming up next month bcs HR failed tomdonan interactive process and they teied to pay psychiatrist to decide My secer panic disorder and PTSD did not warrant remote work accommodations, They will only view physical accommodations while Hidden disabilities are viewed as nothing

[@LadyJpraise2024unbound]

@@bucii01 Exactly. My story I am going through now

[@dogburrito]

Here's a curve ball. I worked for a staffing company of a few hundred people but I never went there since my hire was contingent on a client company (many thousand people) interviewing me and selecting me. After several months working onsite/remote at the client company with their staff, I asked for an accommodation of my supervisor. His response was that I would need to get the accommodation from my employer (the staffing company that had nothing to do with my day to day and would have no way of making any accommodation. My accommodation became a hot potato.

[@AquariusOne82]

Thank You! Please post the next video soon!

[@WeRNthisToGetHer]

Hallmark did this to me and I just decided to quit because it's not worth my health. They refused to accommodate me every time I asked and they kept trying to punish me. They don't understand the law. They knew I was on disability when I was hired and they expected me to do full-time work for part time expectations for work load and kept putting me in really dangerous situations. I want to sue them for the way they treated me and ignored OSHA violations and ignored my requests for accommodations. They refuse to take any accountability for their wrongs and I felt like they were trying to get me to quit.

[@terrencemilton5088]

The rejection will just make your lawsuit bigger if they knew what I knew.

[@honestduane]

Does this mean that if the employee is not aware they have a disability, but the company becomes aware that they in fact do, that the company needs to follow this process by having the conversation or providing a reasonable accommodation? In short, does a company have the fiduciary duty under these laws to mitigate possible moral hazard arising from an employee being unaware they need a reasonable accommodation opportunity if the employee themselves is not aware of it?

[@cassandradealba8019]

I have a child with special needs he is 5 yrs old takes medication has ABA therapy daily IEP in place an assistant in school is receiving SSI benefits due to disability and Iam a paid care taker for him by IHSS… due to my child’s constant aggressive outbursts and meltdowns he puts him self and others in danger there for I need to pick him up this is non predictable behavior so it can be at any time I get a call need to leave work to tend to my sons needs and for other reasons like appointment to neurologist pediatrician dentist therapy etc… I’m a single parent no support system I have sole custody of my child as father is not allowed contact due to DV history! Now my employer has brought to my attention and are “concerned” due to my excessive absence or leaving early or being late… and are suggesting cutting hours and changing my schedule, they want me to come up with a “plan” to improve… how am I supposed to plan for my child to not need me?

[@beebeez90]

I’d try FMLA. If approved it can/will cover you when you need to request absence or leave early. From what I remember FMLA is good for 12 weeks for the year from the start of your FMLA. But I’d definitely get more information from the department in charge of FMLA to get more information.

[@ZillasCoop]

I have a bad foot, I can do 100% of my job and 99% of my chores. It only means I cannot stand or walk for long periods of time. ( which for my actual job is not needed) the issue however, is that I have to walk up to 1/2 mile from the company parking lot to my work station, sometimes in the snow/ice through a field. They have refused to give me a parking pass to allow me to park inside the perimeter and next to the building unless I have a disability plate on my car. I dont need one at the grocery store or anywhere else in my life. I really dont WANT one but they are forcing me. Because its an airport and I am walking across tarmac to the hangar, they do not use salt - ever. I have fallen several times on the ice. They dont care, they give us cleats then tell us we cant wear them in the building - where am I supposed to take them off? ugh

[@13Maverik]

Branigan thanks so much! This video is spot on!

[@braniganrobertsonlaw]

Glad it was helpful!

[@earlthomas7464]

What is the statute of limitations? I was told that I couldn't work from home for an extended time but due to covid the entire department worked from home.

[@bucii01]

Me too been fighting this for a while for diagnosed PTSD, severe panic disorder and severe health anxiety., which lessened when working from home

[@Werewolf0216]

2:34 what if your manager is just a daft dingbat? Who can't remember things accurately, who misinterprets what you tell him, who twists what you tell him to his own bias, who is intimidating you -- and you have PTSD that he is exacerbating because of his screwed up mind? And there are better managers you could work for instead easily within the same organization?

[@DresdenDoll79]

Pretty hard to request accommodations when managers and/or HR refuse to meet with you because, according to them, they're too busy.

[@braniganrobertsonlaw]

Email is your friend....

[@danielsalazar5063]

My situation was different I worked the utility company of San Antonio Texas from 1986 through 1996 and in that time I saw sexual harassment the supervisor grab and squeezed and slap her butt I saw him grab and squeeze her breast's and a few other things I reported it to someone and the only thing that happened was me, the lady, and another guy got transferred to another power plant but nothing happened to the supervisor he was able to retire and keep his job but I got ruined and never was able to move out of the department so I quit

[@Spectre2434]

The undue hardship and failure to have an interactive discussion ❤❤❤

[@giovannidepetris6335]

With immunodeficiency what are the hr duties? Does such affected subject -not declared disabled / have standing in requesting accommodation? For example requiring to work remotely /refusing to work with other people in office for fear of exposure : is that a request hr can refuse ? Is there precedent?

[@Strawberryshortcake39]

Can you do one on the Pregnancy Fairness Act?

[@GodAlwaysWins]

What if I turned in all necessary paperwork requested and my doctor fills everything out but the employer just never responds?

[@Original_Rumpleforskin]

I'm using this as legal advice 🤨🤣

[@Adehead]

Only thing HR did was tell me they may need my entire med records. They knew the previous year that I could not tolerate wearing a face covering. They put me in cyber previous year. I was placed in cyber by principal then that was taken away a few days later. I did take FMLA with proper dr information then i asked again for accommodations after that expired. I lost medical due to no pay I needed an accommodation and they knew my condition. They ended up starting the firing process and voted on it the night that the school board withdrew mask policy. For two years school policy had a line saying exemptions or exceptions could be discussed for any student employee or parent could not wear a face covering. Yes my law suit is still alive. I feel the longer it takes the better since more information is coming out all the time on how unlawful and un necessary the face coverings were.

[@westernplantexplorers540]

Great video! 👍

[@amourabee3245]

kindly advice me for any lawyer in jersey city nj. am facing same problem and am helpless.

[@OLDMANTEA]

1:41 I thought employers can lay off at-will employees for any or no reason in CA? What’s the material difference?

[@braniganrobertsonlaw]

They can't if it's a violation of law. I made a video about this. At-Will Employment Demystified - kzbin.info/www/bejne/bnTClnmod7OjaKc

[@Werewolf0216]

Why would a Fortune 500 company, such as the one I work for, even bother trying to deny an accommodation? Yet they are, from my managers, to HR, to Ethic, to Medical Accommodations organization. It's absurd because I've had the accommodation anyway for 22 years with high success, only now I have a manager who doesn't like it (he's the only one who has been bothered by it out of numerous other managers I've had). Also, my accommodation does not cost one penny...it is definitely not an undue hardship by any means. Yet all these factions of the company are being jerks to me. When I've performed excellent work for the past 34 years.

[@yasserboba]

Hi, we need a video about the new PAGA claim for 2024. Thank you!

[@LadyJpraise2024unbound]

Employers font resoect any of these employee laws. They take their chances to do them in verses given the simplest of accomodations. The penalties should b greater.

[@willmallory9085]

Interesting!!!! 😮

[@RyanK-100]

It's good that most juries have several level-headed Republicans that don't just believe every far-left extremist "mental health professional." Each juror can decide based on the evidence, not just a so-called testimony from a crackpot with a psychology degree. They can read through a "victim" trying to overplay the condition. I'm not a fan of employers; I'm more not a fan of someone trying to milk the system.

[@AlexRodriguez-qk5qi]

Alcoholism is protected under the ADA.

[@JesusUCSB]

Don’t call his firm. They don’t take cases. They just waste time. I’m now w the EEOC investigating and an Attorney and looking for a HUGE win vs Cal State school… Haha

[@beachboardfan9544]

LOL this is terrible advise! Anytime you go to HR with anything you're putting your neck on the chopping block.

[@braniganrobertsonlaw]

You should watch my video on why HR sucks.

[@beachboardfan9544]

@@braniganrobertsonlaw O I already know!

[@RelaxedMike-wf6gw]

The level of negativity directed toward HR professionals on this channel is quite surprising. While it's important to critique where necessary, it’s equally crucial to recognize that HR operates within a broader organizational framework, following legal, financial, and management directives. Rather than portraying HR as the sole barrier to reasonable accommodations, a more objective view would consider the multiple factors at play, including company policies, resource limitations, and legal constraints. A balanced perspective would provide viewers with a more complete understanding of the challenges HR departments face.

[@donnya205]

@@RelaxedMike-wf6gw I'm sorry, but why do they call it Human Resources? I refer to them as Unhuman Resouces. They are nasty where I work . I have documentation since 2007 of all their Nasty behavior.

[@donnya205]

@@RelaxedMike-wf6gw Mike Id really like to talk to you, obviously you work for Human Resources. Let me tell you my situation. I've been working for the Mass State worker for a long time. These people are the most evil people I've ever came across in my entire life. I will be writing a book about how nasty they really are. Ours were so bad, they got rid of all of them, except 1 Lovely person Mary. Our new Human Resources, I don't think they even realize how nasty they are. Power corrupts.

[@donnya205]

@@RelaxedMike-wf6gw You clearly work for Unhuman Resouces, kinda comical how your @ is, "Relaxed" This has huge typical implications where I work. If you have a problem at work. They try to shift the blame on the employee's. Like oh ya he has an angry issue etc, etc. I know you guys have meetings like insurance companies, How to deny particular things. How do I know this. I have documentation of one of these unhuman service meetings that was left behind when they temporarily moved out. I'll give you another example. I was denied a certain medication coverage from my health insurance company . So when I went to pick it up it was incredible expensive. It was the only Med that was working at the time. So I called the insurance company to have them explain why they were not covering it. They basically told me they have meetings and decide what they are going to cover and not cover. So this was a med they would not cover. So I said, that's fine when ever I have this issue in particular I will go to the emergency room everytime I have issues and it will cost you guys more in the long run. Well, the next day they told me they would cover this Certain medication. I know the games HRD plays, oh ya he's a crazy employee etc. Etc, ya ok!

[@donnya205]

@@RelaxedMike-wf6gw OMG, hahaha, your response is typical HRD crap. Complete understanding of the Challenges HRD faces! HAHAHA! Your statement reminds me of the movie, " Taken", Please understand....it was all business, it wasn't personal. Every second around my life because of work related injury that HRD let slide under the rug. I have to be aware of every movement I make or I will be paralyzed or die. I have to sleep with an ice pack on my neck every night. Trust me , I've been working for a very long time, you people are nasty.

[@Libertaro-i2u]

Reasonable accommodations? Just quit and get another job! Employers don't have to accommodate employees.

[@InTheWorldILiveIn]

You just came here to say absolutely nothing. Go read up on the laws, or at least watch the video. You’re under every comment spewing incorrect information.