[seesaw]

So I've now had two discussions with management in which they stated that it's expected that we will work a minimum of a 50 hour work week. That is not what I agreed to when I took my job, nor is it what I'm being compensated for. They haven't put me in a position to take on that kind of role for the organization, nor will I unless they compensate me properly. I have already given them more than they deserve.

The first was in a Personnel Task Force meeting that our CEO invited me to join in which we disagreed that when people come to work here they understand that in our industry everyone works 50+ hours a week. I disagreed. I said I've worked at a number of organizations in this field, and they all handle scheduling and flex time differently, but at the very least, they recognize that they can have some really heavy work weeks and expect to compensate employees through flexible scheduling or otherwise. I argued that we are asked if we are able to work night and weekends, not if we are able to work a 40 hour work week PLUS nights and weekends. And coming from some much bigger organizations than this one, that this one wants to model itself after, I was very clear that they do very flexible scheduling and don't schedule meetings at 9am on the morning right after we have an event until 2am.

Then I asked my new boss to tell the team in our team meeting what her philosophy was on flexing time, etc. and how she wants us to handle it. She said she was very flexible and said "do what you need to do. None of us in this room are clock watchers and we're all working plenty of hours."

Okay, so here is my "complaint." Or at least feedback I would like to provide somehow that isn't seen as insubordinate. I DO watch the clock. Even though I'm exempt from overtime, I clock in and out religiously so I can run reports and see how much time I'm putting in on average at any given time. It also helps me track my stress levels and manage my disorder at work. I regularly put in more than 40 hours a week. And yes, I do watch the clock for 5pm and want to leave at 5pm, but that's for various reasons, including need to go walk my dog. I often take home work and finish up assignments after my break and dinner.

I appreciate the flexibility but it also concerns me, because with my disability, the flexible schedule is part of my request for reasonable accommodation, and this is part of the EEOC complaint I filed. That I was reprimanded for needing to leave work, when the whole department has been given this flexible schedule AND I was having a medical disability-related emergency.

I just need some clearer guidelines between myself and either HR or my supervisor as to how I use my flexible schedule and also so it's on record as being approved a certain way. I feel like this sort of thing is really scary because the policy isn't written down anywhere, and it wouldn't be because of the nature of it. But I still need it written and approved so I am protected within the disclosure of my disability.

Is it reasonable to ask for at least a written synopsis of the intent of the policy like "Development staff should feel free to flex time throughout the week as necessary while not missing mandatory meetings or missing deadlines."

I mean, I think that's a vague enough description, but also sets up the expectation that we need to have from ourselves...I just, really need things in writing. It's hard for me to function day-to-day on a policy that isn't really a policy. I feel like it also sets us up for being faulted for our use of flex time, regardless of meeting goals and targets, because people here can actually be competitive with how many hours they put in (although considering those people aren't making their goals, and I am while hitting around 45-50 hours a week on average, I don't participate in that myself). In fact, I challenge myself to stay so on-task that I complete everything in 40 hours a week.

I truly feel that people putting in more than 50 hours a week at our organization (and not meeting goal targets) are time wasters and need training on time management. Because all I hear about is how hard and long they are working, and yet there are no results from their work.

The people who are working long hours who are seeing results, don't complain about the long hours, and you can see the obvious results of their additional work.

Am I unreasonable in asking for some written at least outline of what the policy is, so that I can incorporate that into my approved reasonable accommodations and cannot be held against me in the future?

I totally appreciate my boss's flexibility, I just really need it in writing for my own benefit - because I do get paranoid and also have performance anxiety.

Suggestions?

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[LiteraryLark]

I'm sorry, but I can't offer any sympathy. You're choosing to basically sue the company and expect them to wait on you hand and foot while you are hypothetically actively looking for another job. They are going to find a way to get you fired with good enough evidence that will have nothing to do with your disorder so that your claim is invalid. The longer you stay, the more of their own documentation they will acquire to get you fired on their own terms. I do not get why you're so persistent with staying at your job despite all that is wrong with the company because it's hypothetically better than just quitting and finding a more suitable job. I wish you all the best.

[seesaw]

I'm not sure why you think I'm choosing to stay at the company. I am trying to find a different position, but I can't just up and quit without something in place.

An eeoc complaint is not a lawsuit.

The point of this thread was not to ask for sympathy and you completely ignored my questions on how to deal with the situation.

I don't know where you get that I expect them to wait on me hand and foot. Please show me evidence of that. Requesting a reasonable accommodation for a disability is not asking to be waited o hand and foot. Asking for policies to be in writing, is not asking to be waited on hand and foot.

I haven't been persistent at all about staying with this company, but I have bills to pay, and rent to pay, and I can't just leave with nothing in place. I'm sorry I don't live with my parents and only work as a side effort. I'm sorry you don't understand the real world that people sometimes have to stay in jobs they don't like for awhile or forever.

Your comments have nothing to do with my thread and I'm going to request that the moderators delete your response.

If you can't offer support, then don't comment. This is a support site.

[Fresia]

I wouldn't leave a job without having another in place unless I absolutely have to even under pretty intolerable circumstances (which have done); it is simply a matter of fact of having bills to pay and benefits. I am with you there!!!

I am surprised a company that size does not have a policy as it protects them just as much as the workers.

Under the ADA, you can file for request for "reasonable accommodation" but it is not required that they uphold it. They can deny it if they deem it an "unreasonable" request. It is good to try to put something in place to protect you though. It is how comfortable though that you feel with coming forward with your disability to HR to request the accommodation.

I ended up going to an attorney to draft a letter for me so that I only disclosed as much as I needed to along with finding out exactly what I needed from a doctor to do this. I don't like disclosing my MH diagnosis to anyone so this was harder for me to do than it may be for you.

I don't think what you are asking is unreasonable but considering what their response was when you have brought it up in the past, they might if THEY consider it to be an industry standard, so be prepared. It is open for lawsuit though under labor laws from what you describe regarding the hours, definitely, and possibly ADA, if they deny it and/or it is not industry standard; they could give a whole other reason for denial.

Hang in there and I hope you find some place more accommodating soon.

[seesaw]

Originally Posted by Fresia

I wouldn't leave a job without having another in place unless I absolutely have to even under pretty intolerable circumstances (which have done); it is simply a matter of fact of having bills to pay and benefits. I am with you there!!!

I am surprised a company that size does not have a policy as it protects them just as much as the workers.

Under the ADA, you can file for request for "reasonable accommodation" but it is not required that they uphold it. They can deny it if they deem it an "unreasonable" request. It is good to try to put something in place to protect you though. It is how comfortable though that you feel with coming forward with your disability to HR to request the accommodation.

I ended up going to an attorney to draft a letter for me so that I only disclosed as much as I needed to along with finding out exactly what I needed from a doctor to do this. I don't like disclosing my MH diagnosis to anyone so this was harder for me to do than it may be for you.

I don't think what you are asking is unreasonable but considering what their response was when you have brought it up in the past, they might if THEY consider it to be an industry standard, so be prepared. It is open for lawsuit though under labor laws from what you describe regarding the hours, definitely, and possibly ADA, if they deny it and/or it is not industry standard; they could give a whole other reason for denial.

Hang in there and I hope you find some place more accommodating soon.

They can only deny a reasonable request for accommodation if it is cost prohibitive or changes the nature of business that they do, and none of my requests do that. For example, I asked that they change the lighting in my office, and a technician came in a removed some of the flourescent lights so it wasnt so bright. Other accommodations include telecommuting, which is ALREADY allowed for me and many other employees. And I need some kind of game plan for when I become symptomatic during meetings. I'm willing to work out how we handle that with them.

My episodes have been few and far between. IN 12 months of working there, I've had to leave work early 5 times due to panic attacks, and I finished work from home on those days, so no work was not completed or deadlines missed. Recently, due to increased stress with some transitions at work and home, I had a very bad episode that I had to leave work because of.

I'm not asking them to bend over backwards. Most of the things I'm asking for, in fact all of them, are already allowable by all employees. But I am asking for them in writing to protect myself and the company as far as my job performance and disability goes.

I'm sorry I don't live with my parents and can just give up income. I'm in my late 30s, not married. I have rent to pay, health insurance, lots of meds, and a service dog and ESA that I have to provide for. WIthout going into too much detail, my doctor and my disability advocate believe I have a fairly open and shut case of ADA violations by the company, so I have filed an EEOC complaint. It's uncomfortable, yes, but I use my coping skills and my Xanax to get through the day.

Also, my co-workers (besides my CEO) are actually very supportive and understanding, and have been very open to helping me and alerting me when I'm acting strange.

I just had a big medication change today. And in our team meeting, I said, I know this is personal, but I had a big medication change, so if you notice me doing or saying something strange or behaving out of the ordinary, tell me so that I can make note of it and alert my doctor to side effects.

They were all VERY understanding and, since I gave them permission to say something, they all felt comfortable saying something.

Sometimes coworkers don't feel comfortable telling you unless you say, I need your help. I'm dealing with this thing, give me a signal if I start going into no man's land.

I'm just trying to stay task-focused at work, do my job, meet my goals, and find something else in the meantime. They aren't going to fire me if I'm meeting my goals and getting all my deadlines met. (knock on wood) And also, they know I know my ****. I have a new boss now, she's pretty cool, and hopefully, maybe, things will start to work out for the better. Because the major problems were between me and the CEO (who is an insane workaholic who has had two affairs with coworkers and puts his work before his family for sure), and we don't have much contact anymore, so there's a buffer, that I think or hope will help change things.

But still, I think this business that they say we aren't clock watchers is ********. I have a dog to walk. I need to leave between 5 and 5:30 to walk my dog. I can log into work afterwards (which I often do) but I do have to go walk my dog, and no, I don't want to work more than 40 hours a week. If I'm working more than 40 hours a week it's because of two things: 1) maybe I just have a big deadline and need to put in some extra time or 2) we are super unproductive, have wasted time, and now I have to put in extra time to get things done.

I can't count how many meetings I've sat through this week that I had absolutely no need to sit in. THis goes for so many of our staff, and needs to be fixed. It's ridiculous. We all sit in meetings all day and don't do any work.

So the reason they want a 40+ hour work week, more like 60 hours, is because they want to be totally unproductive. MEetings without agendas, not being firm about meetings starting on time, people doing double-work, and not having clear direction from leadership about goals and priorities.

There is really no reason that the people in my company can't do their work in 40 hours a week on a regular basis, with a few weeks that go over that. I have worked at bigger organizations that have longer performance calendars and they don't average 50-60 hours a week. This is a problem of managing human resources and dictating strategies and priorities.

And that's not my problem. When I accepted my position, it was a 40 hour work week with some night and weekend work, not 40 hours PLUS nights and weeks, but that the nights and weekends were part of the 40 hours. I've worked at bigger and more prestigious organizations than this and they dealt with burnout so much better.

However, I will say that my new boss is very attentive to burnout and is very flexible. So I feel comfortable that things are moving in a positive direction.

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