Publications
Knowing When Not To Keep Your Mouth Shut
Beverly Rauen worked as a software engineer. Rauen was diagnosed with cancer but, after extensive treatment, she returned to work without restriction. However, she presented her employer with a letter from her doctor stating that it would be beneficial for Rauen to work from home, and Rauen requested permission to do so, even though working from home would not be the best way for her to perform her job duties.
An untrained manager might have dismissed Rauen's request out of hand, without further discussion. However, Rauen's manager understood the potential ADA issues, and the fact that Rauen's request might be characterized as a request for an ADA "accommodation." When that occurs, the law mandates an "interactive process" between the employer and employee, in which they discuss what Rauen really needs and how the employer might be reasonably expected to provide it. Rauen's manager engaged her in a dialogue, however painful that process was, but they were unable to come to an agreement - Rauen stubbornly insisted upon the right to be allowed to work from home whenever she thought she was no longer needed in the office, and her manager refused to allow the accommodation to go that far. Rauen filed suit. Ultimately, her suit was dismissed, and the dismissal was sustained on appeal. The appeals court ruled that Rauen's job required teamwork, interaction and coordination with other employees, and her employer, having engaged in a good faith dialogue to reach a middle ground, was reasonable in insisting on a higher degree of work place attendance than Rauen had insisted upon. Had Rauen's manager failed to recognize the "red flag" inherent in Rauen's request, however, and instead taken the all-too-common "we've made our decision, there is no reasons to talk about it further, go back to work" approach, Rauen's employer would have likely faced a much different, and very expensive result.
Knowledge is power - in this case, the power to avoid lawsuits.
Counsel Consulting Group LLC helps companies throughout the United States avoid employment and HR-related claims and liabilities. CCG assesses existing policies, procedures and problem areas; it provides customized liability-avoidance training to managers and executives; and it designs and implements business techniques that reduce employment liability risks on a long term basis. CCG also offers specialized workshops for managers and HR executives, customized consulting in focused employment-related areas, and CD-ROM and web-based training alternatives. For more information, contact us at info@powelltrachtman.com and visit our website at www.counselconsulting.com.
Powell, Trachtman, Logan, Carrle & Lombardo, P.C. is a full service law firm with offices in suburban Philadelphia, PA, Harrisburg, PA and Cherry Hill, NJ. Powell Trachtman represents a variety of commercial enterprises, entrepreneurs and business executives in respect to their litigation, litigation avoidance planning, business formation, business transactions, estate and tax planning, and other needs. We are also approved defense counsel for numerous insurance carriers in matters pertaining to professional malpractice, products liability, employment practices, directors and officers liability, and many other fields. For more information, contact us at info@powelltrachtman.com and visit our website at www.powelltrachtman.com.
