Flex time argreement

Employment 1 views 3 answers
I'm a painter; before I was hired I explained to my co. that I have severe sleep apnea & meds cause me to have late starts in the am. I'm parttime. I was honest before hired that I would be late starter; they said it was ok. My supervisor is on my back about it constantly (he is also my brother). I have explained to him that it was agreed to at hiring but he keeps on me about it. The agreement is not in writing. My work is the best; I get sent ot jobs to fix other's screw ups. Only one customer problem & he complained about everyone. I work approximately 32 hours a week; less if work is low. How can I get supervisor to leave me alone about it; it's making condition worse.

Attorney Answers

3
Seth Rosenberg ·
Several good points have been made. I would add that your employer has a duty to engage in an interactive discussion of how to accomodate your "disability." The burden is upon them now that they know about it. The second point that should be made is that Washington is an at-will state: you can be fired for any reason or no reason so long as it is not based on protected class characteristics. Of course, a disability puts you in a protected class, but the discussion does not end there. I agree that you should make the company formally aware of your disability by writing a letter explaining the circumstances of your hiring and that you are disabled and yet able to do the essential functions of your job, but require reasonable accomodation in the form of some flex time. I would attach a note from my doctor providing the diagnosis. Include in your letter that you love working there and are committed to them as your employer. Last, if things continue to go poorly, you can complain to the Washington Human Rights Commission.
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Samuel Darling ·
You might try speaking with your superiors about an accommodation for your sleep apnea. Failure to reasonably accommodate a disability such as sleep apnea is arguably a violation of the Washington Law Against Discrimination (Chapter 49.60 RCW). Of note, the Washington Law Against Discrimination only applies to employers with 8 or more employees. Other law might offer protection to employees of smaller businesses.
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