Can they force me to work full time?

I worked for a Mental health institute for almost 7 years. When I began there, I worked 2 days a week. Shortly thereafter I accepted 3 days a week, then they wanted 5 days a week, and I explained that I could not I do 5 days a week because I have Fibromyalgia, and I really need that 1 day for massotherapy and just relaxing, so I can control my pain without taking so much medication and being wasted by the end of the week. They said ok, we'll try 4 days.

In Nov. they came to me and said "our job is now 5 days a week." I said, "I told you I cannot do that because it causes me too much pain" (it's a very stressful place to work). They said, "Well, when is your last day then?" I had my doctor put in writing that I could not work 5 days a week and gave it to them. So in December I was let go. Now I cannot collect unemployment because I cannot work 5 days a week. My pain is worse because of the stress, and I am basically screwed. Can they do that?


1 answer  |  asked Mar 15, 2001 8:29 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
Yes, but ask for a reasonable accommodation.

If your former employer needed five days a week out of your position, it can increase the hours per week required from that position. The issue is then whether your employer can can reasonably accommodate your medical condition without creating an undue hardship. If not, your medical condition makes you "not qualified" to perform the new job.

You should have qualified for unemployment compensation, however. Your employer might try to say that you quit; however, you did not quit. You were doing your job just fine; they changed it on you. When your employer changes your job to the point that you cannot perform it, the law treats the change as a discharge. If it is not too late to appeal your unemployment compensation claim, do so now.
posted by Neil Klingshirn  |  Nov 28, 2000 1:12 PM [EST]

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