Off disability and back to work
 

In January this year my Dr, suggested that I might try working from home, I was having severe pain and was considering disability because I simply could not handle an 8-5 day most of the time. I am a Programmer/annalist and do not need to be in an office to do the type of work I do. My boss was very understanding and has allowed me to work from home when needed. I asked if I could start working from home full time, again she was very supportive and kicked the Idea upstairs.

In March the VP in charge of my department came out with a blanket "no one shall at any time do any work at home".

The next few months were hell, driving into work after a sleepless night and almost falling asleep. Getting stuck at the office due to an emergency(I could have handled at home) while having a flair up.

Then in early May the HR department finally did what they should have done in January and had me sign an ADA release form from my DR. When i discussed the problems I was having at work my Dr. Suggested temporary disability starting June 1.

Other then calls I made in to inquire about my status, I heard nothing from my office. Nada zip from them. When I called them, the only answer I got was that they were waiting for more clarification from my DR. When I ask my Dr about it she showed me what she had sent and the inane requests for clarification of the clarification she had sent.

By the first of August I decided to file a complaint with the state, After filling out all the paper work etc. I called to set up an appointment. The next one being Sept 20. I made the appointment. Still I waited with no word from my employer, my Dr getting frustrated at having to extend the disability insurance and answering question after question from my employer.

A co worker of mine was dating a lawyer who had worked for the state employment department in the past. After exchanging some emails he said that I should wait it out and file the complaint then get back to him.

A couple of days after I filed he ran into the Vice President who had decided that no work could be done at home. She was still holding out. He explained they did not have a leg to stand on. Fines, lawsuits etc. were in immediate future.

The formal complaint form arrived for me to sign and on the same day, I finally get a call from HR saying they want to set up a meeting. I sent an Email to the Lawyer, who advised me to hold off sending the letter, and he would accompany me to the meeting.

In the meeting my employers lawyer was there with a check list on requirements for telecommuting. They were all very minor until he said he wanted me to be checked out by a neurologist of their choosing. My neurologist had already sent me to a prestigious medical school for a second opinion. When I asked why, the answer was that my Neurologist had not given them my medical records. And that was holding up the whole process. Having seen all the communication between my Neurologist and my employer I asked him to show me the request. He looked over the HR representative who just looked down without a word. My attorney friend nudged me and we walked out.

We went back in five minutes latter, the checklist was gone, and I start working Monday.
From the comfort of my home office. Now I have to decide whether or not to file the complaint.

In the words of Jerry Garcia, What a long strange trip it's been.

Sorry about the huge post.

But--
 

--at least it looks like you've won, at least for now. Congrats.

Your story is very instructive, as well. Glad you had good legal representation. Unfortunately, it today's bad economic universe, employers hold most of the cards, and few people are willing to fight for their rights, especially as employers can often hide behind vague, arbitrary reasoning as to their decisions. (I suspect the Vice-President you mentioned may have gotten pressure from higher ups, and the company had little reason for the initial decree beyond fearing loss of micrometric control over you every second of the work day if you worked at home. Of course, companies will often invoke any excuse to try and lose people they fear make too much, etc. It really is sad that employers seem to believe we deserve no better than autocratic types of control that we, and they, would resent and not allow from a governmental entity.)

I'm no lawyer, just a (was) a working schmuck. I'd file, just because. In case they try to pull some other stuff down the road. Document every little detail. They will more than likely try again. Be ready!

Conformation bias is very difficult to overcome. I just hope that professionalism and the need to produce is more important than playing gotcha. That is why I am considering not filing the claim. If I do then it gives them all the more reason to pick nits. If I can jump back in and produce quality work then I will be seen as a team player and not a vindictive sob. So far I have gotten everything I wanted with the exception of all the sick leave and vacation hours I burned through. If they put that back on the books then I will forgive all the times I had to pull my car off the road because I was falling asleep or had to get out and yell due to the pain. I "won", however they also won as they have my abilities and unique set of skills back. And that is the attitude I want to convey.