What are my rights when working with a disabled co-worker?
A co-worker is "claiming" disability and is often out of the office and I have to do her work. I work for a large company and I'm sure they're afraid she will sue for discrimination thru ADA. I don't believe she has a health problem...and just wants to get total disability - so she can stay home. Meanwhile, I have to do all the work, which is unfair. What are my rights in all this? We often have heated conversations, and I'm afraid she might try to even sue me for harassment. It wouldn't surprise me. What can I do? Our management is horrible.
1 answer | asked Nov 29, 2011 11:18 AM [EST] | applies to Florida
Answers (1)
There is no obligation under Florida law for an employer to treat you "fairly." If you believe you are being assigned too heavy a workload, you can of course discuss the issue with your supervisor and request either a reduction in the workload or increased pay. However, unless you have a written contract specifying your job responsibilities (most employees don't) then it is up to your employer how to manage the workload - your alternative is to resign and find another job elsewhere.
Whether your coworker has a bona fide disability or is faking a medical condition simply isn't your business, and you should not discuss your opinion on this with anyone at work unless you have bona fide proof that she is faking (for example, if she claims she can not lift more than 5 lbs and you see her carrying heavy objects, or if she claims she can't walk from building to building and you see her running in a 5k on the weekend. Then you could report what you saw to HR, but leave it to the company to investigate further. But otherwise, keep your opinions to yourself because your co-worker's medical information is confidential and neither she nor the company have any obligation to disclose it to you. If you persist in arguing with her about her claimed disability, you could in fact end up being fired for harassment.
Finally, if you are a nonexempt employee and you are putting in more than 40 hours per week due to the increased workload, then the company is obligated to pay you overtime.
posted by Phyllis Towzey | Nov 29, 2011 11:28 AM [EST]
Whether your coworker has a bona fide disability or is faking a medical condition simply isn't your business, and you should not discuss your opinion on this with anyone at work unless you have bona fide proof that she is faking (for example, if she claims she can not lift more than 5 lbs and you see her carrying heavy objects, or if she claims she can't walk from building to building and you see her running in a 5k on the weekend. Then you could report what you saw to HR, but leave it to the company to investigate further. But otherwise, keep your opinions to yourself because your co-worker's medical information is confidential and neither she nor the company have any obligation to disclose it to you. If you persist in arguing with her about her claimed disability, you could in fact end up being fired for harassment.
Finally, if you are a nonexempt employee and you are putting in more than 40 hours per week due to the increased workload, then the company is obligated to pay you overtime.
posted by Phyllis Towzey | Nov 29, 2011 11:28 AM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers