Wonder if I have a case re: Billesdon vs Wells Fargo Securities, Inc.
18 replies (most recent on top)
@ah I couldn't get down there 3 days a week, medical condition, if I were to succeed and come down once, to me it would signal 'well if he can come down once he can do it again'.
So no full time remote never leave my house again. Infact I wouldn't mind if I lived the rest of my life like that.
Never going anywhere or interacting with except family. Already have a family and children doing their own things. Etc. No need to do anything else besides supplies and food order online too.
@d2 not mine, a 2 hour drive is difficult and detrimental to my health. I can't be in a vehicle that long. I had a wfh approved medical accommodation that allowed me to work from home, I worked three months straight at home and they started asking what I was deciding to do.
Interviewed for my own job because they needed an idea who was all going to the new location got as far as the offer. Then I had to decline and be put on a layoff list because after speaking with 3 different areas (management, accommodations, and the recruiter)
They all had this concern that my medical accommodation wouldn't be approved long term for so many times.
I was planning on just forever using it from then on out. I cant make such a drive. As I do have a permanent life changing chronic condition.
It feel that it wasn't very fair at all. I got displaced because I couldn't physically get down there and they wouldn't allow it permanently (too big a risk by the accommodation team not approving it and be stuck traveling 4 hours a day 3 days a week, forgoing severance if I had accepted).
@tw I beg to differ they accommodation team said regardless if my condition changed or not, they'd stop taking notes on purpose. Even if the interactive process was used. Reason why and I quote i received was:
'because no one likes going to the Dr every so often to get notes and we would simply get tired of approving it, and you shouldn't use an accommodation to avoid having to come in'.
company has very clear location strategy and has been displacing people in non-hub locations for 2 years + now. doesn't matter if you have an accommodation because all accommodations are considered temporary - so being in a location where you can't go to a sanctioned office means you are still subject to location policy.
The case you cited has very specific circumstances and sequencing of actions that lead to that verdict, including failure to engage in an interactive process as required by ADA and then after denying the request putting him on a layoff list that had already been previously determined. there was a clear trail of bad will there. There was no location strategy in play at that time.
Laying someone off in a non-hub geography who happens to have a remote accommodation isn't the same thing...
@kv False. Up until this year the communications came from HR. Now it is MetLife. Each year the process has been tweaked slightly and more aggressive on in building accommodation and discussions on why you can’t be accommodated take place with your manager. So no “i just receive a letter and renew it” no. Unless you have a terminal illness or there is in no way that you ever go out in public they will still strongly encourage 2 days unless you work in an area that they really don’t care.
Don’t worry about the accommodation. You will likely be released as your job will go to AI
@da I’ve had a WFH accommodation for 6 years now and never received a letter about it from WF. Only correspondence received is when I renew it annually and it gets approved but the letter comes from the third party, not WF.
@ah if they can't accommodate you getting near a bathroom, it would be detrimental to your health to travel that far. So if remote has proven to work and cost effective with no expense or hardship, one would think they'd be well into Ada rights. That's a way they can accommodate...
I had to turn down an offer because they couldn't give me a straight answer if I could use my medical note. BS about being within 50 miles.
Said anytime they could say come in regardless of your condition or severity.
@da but in my case where you interview for your own job, offered occ HR all agree to let you be wfh.
Location strategy came around and was told my note wouldn't work anymore even it had been previously approved. So I had to decline. Displaced a few months later with a year severance.
Given this case could I have actually stayed, like grandfathered in since I already had the job. Just a matter of Location.
Why do you think they outsourced the accommodations team to MetLife?
Yeah bruh you got a case, easy money bruh. Sm--k dem beaches in da mouf bruh. Dolla bills yall!
I have had a WFH accommodation for years and every year the letter they send out clearly states that it does not exempt me from location strategy. You still need to live near a hub location or they can displace you.
Ah yes, the constant ishtter. His case is all about communications, otherwise the layoff was a good one. IBS is one thing and short term until a management protocol is defined. That human is a joke.
If in a non hub city, the company has been very clear your position will be eliminated at some point. So, they are not picking on you and you are not protected from layoff.
When you say non hub, do you have a location assigned to you in workday and moved away from it or did they close the hub near you?
Depends on reason why displaced. Were you at your desk all day or abusing the system by running errands and not being available? Accommodations won’t save non productive workers. They can easily provide teams availability reports.
@OP I would say no being at a Jon hub location. Regardless of the reason for being let go, they can always say it was location strategy. I WFH on a medical accommodation and was told I have to remain within a reasonable driving distance to the office. Reasonable meaning the ability to drive to/from daily if needed.
5 days in office, 8 hrs minimum each day