I am on a reduced workweek for six months for side effects to medication. I have spoken to my work regarding lowering my sales goals for this duration. I was told that the sales quotas need to be meant regardless of my reduced work week. I am finding it difficult to keep up along with my other job duties. I have always maintained my sales and have received awards in the past. I am having a difficult time with the quotas; I feel they are too high and are based on unfair percentages. A week ago I was given a verbal warning because I had fallen below the percentage. I want to work and want to know the laws in this area.
It is generally unlawful for an employer to approve part-time leave for an employee but fail to adjust performance requirements. No employer is allowed to penalize an employee for taking approved leave, and reducing your hours but keeping the same sales quotas is a form of penalization. There law is quite clear on this.
If you face any form of adverse employment action as a result of the employer's failure to appropriately adjust your sales quotas, you will be entitled to legal relief. If that happens, you should make contact with a good employment law attorney who understands FMLA/CFRA and FEHA leave issues.
Good luck to you.
If you have a disability you are entitled to reasonable accommodation. You need to get a note from your doctor explaining what kind of accommodation you need. Granting a reduced workweek without granting the accompanying reduction in duties is not "reasonable." You most likely need to see an attorney in your area while you are getting the note from your doctor. Your employer sounds like they will continue to be difficult. They cannot retaliate against you for asking for reasonable accommodation. Since you are having problems with your health, having the support of your own attorney would make your life easier. Many attorneys will give you a free consultation for your first visit.
Good luck on resolving both your legal and medical issues.
Arkady Igor ItkinEmployment / Labor AttorneySan Francisco, CA ·
Hello. As the other attorneys pointed out, if your performance deficiencies are a result of your medical issues or disability, it would generally be against the law to discriminate, demote or terminated you for those deficiencies.
It is very important that you communicate to your employer in writing and remind your management that the reason for your lower performance now is your reduced work schedule in connection with your disability. This will either resolve your issue, or will make a strong case for disability discrimination later, if they end up terminating you.
Thanks,
Arkady Itkin
Sacramento Employment Lawyer
You've had three great responses. I write to add that to find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org. Click on "Find a CELA Member" and you can search by location and practice area.
I hope you can resolve your situation and wish you the best.
