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Can a company violate its own policies?
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Can a company violate its own policies?

I work for a large private employer, and have been off work on disability. I last worked in November. Company has a policy that states I must return to work within 12 months. They now tell me I have to return by August. When I ask, they can't tell me conclusively where the policy states this. I exhausted FMLA, but company policy is more lenient. I qualify under ADA. Can my employer violate their policy and terminate me earlier than their policy states? If not, do I have a claim to file suit with EEOC?







Judy
Rating
Sorry, they can change their policy. They aren't required to show you a policy that requires you to return by August. And unless you can show it's because of your membership in some protected class like gender or race, you have no EEOC complaint.


Shane
Ok. Lets answer this step by step. Although you are protected under the ADA this does not mean an employer must hold your position. They are required to make accomodations for your condition as long as it does not pose a financial hardship on the company. Second. Unless you have the company policy book in your hands where this is written it will be a he said/she said. Not even the EEOC can help you. Lastly, if they decided to change this policy during your absence you are also out of luck unless you live in a state where they actually have a law employers cannot implement these types of new policies to employee's who are already employed at the company. But be warned the number of states who have this in effect I can count on one hand. If you can actually find this policy in writing. Yes. Then contact the EEOC. If you can't I know from experience you really don't stand a chance.







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