Has a precedence been set?

[Ochies5]

What is the name of your state (only U.S. law)?
California

I have been with my retail employer for 14years. Seven years ago, I was an assistant manager at the time, I had 7bypass heart surgery. When returning to work it was hard
for me to adjust to the current work load. I discussed the possibility of stepping down with HR. Since I was giving up my management title, and agreeing to a cut in pay, I agreed under the
condition my schedule would just be Monday - Friday 9:30-5:30 as I was still going to be fulltime. There was no contract signed however they agreed to accommodate. Since that time I have held
numerous positions in the company all non management due to my availability which is understandable. My schedule of M-F 9:30-5:30 has been accommodated for the last almost 7 years,
buy numerous store managers. I am now the age of 58 and am looking forward to retiring at the age of 62. Also due to my work schedule I became involved in community theater and am
a member of the Arts board in our area, in which I have a performance contract which includes evening rehearsals and weekend performances. through out the year. PROBLEM: All of a sudden
after all this time a new store manager (this one on a mission) is coming in to the picture, rumors have started this managers goal is to Questioning my availability, resulting in not honoring my
schedule, thus causing me to be labeled as having open availability, being scheduled for evenings and also weekends, which would also be costly to me because that would cause me to also break
my performance contract which may result in penalties? Do I have any argument? hasn't any precedence been set? I have been accommodated with this schedule for almost 7 years? This will result also
in me going right back to the same scheduling availability that I originally had 7 years ago less the management title and cut in pay? Thoughts??

 

[Taxing Matters]

This will result also in me going right back to the same scheduling availability that I originally had 7 years ago less the management title and cut in pay? Thoughts??

My thought is this: the fact that the company kept you on a particular schedule for 7 years is no guarantee that it will always stay that way.

Absent a contract for a specific period of time (i.e. one year, five years, or whatever) that guarantees you a particular schedule during the term of the contract or a union collective bargaining agreement with the employer that has such a guarantee the employer is free to change an employee’s work schedule at any time.

You seem to making the argument that you have a disability and that you are being given an accommodation for that disability. Limiting the number of hours you work can be a reasonable accommodation for some disabilities. You will want to make sure you put your current manager on notice of your disability and request the limited hours you need to accommodate for that disability. But while you might be able to assert that you should be limited to 8 hours a day 5 days a week (i.e. 40 hours a week) you likely cannot force the employer to give you the exact times for work that you want. Sit down with your manager and try to work out something you can live with, but realize that you may not be entitled to get exactly what it is you want.

 

[cbg]

Also, it's one thing to limit your availability for medical reasons. It's quite another thing to limit it for outside activities. The company might justifiably wonder, if you're able to participate in a theatre group during these hours, how is it that you're not able to work during these hours?