Do you have a legal argument that would let you keep working from home? Lawyers weigh in. phoenix
After more than two years of Covid-19-mandated geographical diversity and nearly deserted office buildings, some companies have hung out the"Return to Work" sign. The move may have increased the number of cars in downtown parking lots, but its reception has been a little short of universal acceptance.
"The health care provider's certification does not mean that the company must concede the point and permit the employee to work remotely. But the company should assess, and discuss further with the employee and the provider; the 'interactive process' called for under the ADA. Then the company can make the final decision about whether remote work really is a reasonable accommodation to the employee's condition.
"In Arizona, one of the consequences of 'at-will employment' is that such an employee has the right to leave and go somewhere else; to a place where management might have a different view of remote work. And at the same time, management has the right to insist that employees work on site rather than via remote, and 'at-will employment' means that management has a legitimate reason to terminate someone who refuses such a direction.
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