Legal Question in Employment Law in Pennsylvania
overtime bypass
I work for a telcom co. in the state of pa and i am also covered by a union contract my problem is that after 5 years of working without a lunch break [ at doctors suggestion due to arthritis of the spine] a new supervisor decided i am no longer eligible to work overtime he is my 6th boss in those 5 years and it has never been an issue in the past i have no restrictions and do the same work that any other employee does except i was working 8 to 4 instead of 8 to 5
1 Answer from Attorneys
Re: overtime bypass
You asked about an adjustment to work based on a medical condition.
This isn't a clear-cut case so you need to tread more cautiously than a person with a clear and obvious disability. On the bare information provided it is not determinable whether you would have protection under the ADA.
Your best bet is to escalate the matter through the proper channel either through the employer or (second choice) through the union. There could be a very valid argument that your condition is a qualifying disability and that the reasonable accommodation you have been given must continue to be given.
If the matter continues or grows worse then you must contact an attorney immediately. You have a very limited time in which to bring a complaint under the ADA. (Normally 180 days from the date of the adverse action.).
Please call if you feel this matter bears further discussion at this time.
Regards,
Roger
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