can they terminate my employeement?

[bagged123]

What is the name of your state (only U.S. law)? CT

Hello,
I work for a consulting company creating software applications for different clients around my state, country and world. Currently I'm working on a project for a client in the state. For the past 3 months we've been onsite at the clients location during the building of the application. During that time I developed an breathing issue due to being onsite at the client. I've been to my ER due to it, and then my doc and did several tests, etc. I was out for 2 weeks recovering from everything. When I came back to talked to my manager about everything and what my doctor said I should do. My manager and I worked it out that I could work in our office location instead of going on site to the client, however, yesterday I was told that I needed to go back onsite to the client for the duration of the project, which will be for the remainder of the year and most likely longer.

Now, after talking about my situation with management, telling him what my doctor said, my manager saying that its not a requirement for me to be on site, however, telling me to go back onsite.


If I say no I'm not going back onsite to the client, can they terminate my employeement evevn though I'm not required to be onsite according to my manager? I spoke to my family and doc and they all told me No don't go back onsite due to what can happen to me in the long run if I do.

What are my options? Even though I was told I don't have to be onsite and I can work from our office location, (though it'd be tough for me to manage my team), and we have other clients within the state that I can do work for, but now I'm being asked to go back onsite to this one client. If I say no I'm not going, what can happen, what are some of my options? [I know some will say quit, but I'm the 'bread' winner in the house and the IT market isn't all peachy right now in this state, so quiting and being home for weeks, if not months isn't an option right now]

thanks, its a little long but. . .

 

[commentator]

We certainly cannot tell you what is going to happen. Whether or not you go back on site or request that you be able to complete the assignment remotely, and then what action the company takes after you have made the decision is not something we can predict.

No one on this site will likely be telling you to quit, as that would be the worst thing you could do in regard to unemployment insurance benefits. If you quit, you take the responsibility for your reason for leaving and make the decision to leave under your own power.

However, if the company fires you for a non misconduct reason, such as requesting an accomodation due to a health problem with the worksite, which they refuse to grant, at least you would be much more likely to receive unemployment benefits while on the look for another job to replace this one.

As you are very motivated to work, I am sure you will do everything in your power to try to work this out. If the situation does give you serious health issues, enough that you do not want to risk returning to work at the site, you'll just have to present this to your employer as a decision you've made. But be sure you do not let it be said you are quitting. You let them decide whether or not they are going to accomodate you or fire you. Do be sure you request another assignment, or the work at home accomodations, but do not demand them. Be very professional in your behavior. Can they fire you? Yes oh yes. They can fire you for any reason, including wearing green socks (love you Patti!) but whether or not they choose to do so may result in your at least receiving u.i. benefits. And this will cause them issues, as their U.I. tax rates will go up. They may just try to find someone else to work this particular place, or may let you do it from home. As I said, we can't say.

I am quite empathetic about the working conditions causing a breathing problem. I once entered a building and became so ill I had to leave within twenty minutes due to the particulates in the air. And I am not usually a very allergic person.

 

[Beth3]

If I say no I'm not going back onsite to the client, can they terminate my employeement evevn though I'm not required to be onsite according to my manager? Yes. Either they changed their minds or the client's needs changed and they need you to be back on site. If you refuse, they're free to terminate your employment.

If your aren't willing to go back to the client's site, then all you can do is speak to your manager and see if they're willing/able to assign you to another client.

 

[cbg]

It's rare that I disagree with commentator and even more rare that I disagree with Beth, and I don't absolutely disagree. But I think there may - underscore may be ADA issues here. It may turn out that transferring her to another client is not a reasonable accomodation, but I think failure to at least investigate the possiblity might result in some liability on the part of the employer.

Bagged123, have you identified your condition to HR as a disabilty and formally requested an accomodation under the ADA, using those words? If not, do so. It may not prove possible and if not, you might indeed end up, legally, losing your job. But it can't hurt to try and it may help.

 

[commentator]

Excellent suggestion c, ADA is not my field, but the OP certainly has nothing to lose and possibly something to gain by going through the formalities of presenting this to HR instead of just relying on one manager. The company as a whole may very wisely want to handle this differently than a manager who just wants the issue to go away.

 

[davidmcbeth3]

. During that time I developed an breathing issue due to being onsite at the client.
.

What evidence do you have that the location itself is a hazard? I doubt you have this & that your demand not to visit the site is without a reasonable ground.

You are certainly free to quit & your refusal to go, which is part of your job, based on unfounded fears, will result in a termination that will result in a denial of unemployment IMO.

 

[ESteele]

I am in the “Amen” choir today. OP, you should DEFINITELY follow cbg’s above advice. Without knowing the particulars beyond your posts, it would appear your employer could reasonably accommodate you without enduring an undue burden by having you manage the staff remotely and/or assigning this task to another supervisor.

Additionally, you may want to consult with private counsel concerning your rights under ADA and under state law here. Hopefully, your situation will not devolve to a lawsuit down the road. Nonetheless, you want to protect your interests as much as possible.

 

[eerelations]

What evidence do you have that the location itself is a hazard? I doubt you have this & that your demand not to visit the site is without a reasonable ground.

You are certainly free to quit & your refusal to go, which is part of your job, based on unfounded fears, will result in a termination that will result in a denial of unemployment IMO.

Did you read any of the experts' advice here?

 

[davidmcbeth3]

Did you read any of the experts' advice here?

He said he took 2 weeks to RECOVER; meaning he is fine now. At least that's how I interpreted the OP post. That he did want to go back because he fears to get illness again.