LoveDjinn
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I'm an IT Senior Lead L2 Support Technician. I work for a staffing agency on contract to another company to provide support for internal employees. I've been on contract to the same firm for over 6 years through 3 different staffing agencies as the firm kept trying different staffing agencies.
My team's role is to take escalated support calls from our Service Desk. We literally just sit in a phone queue waiting for calls to be transferred to us and we've been doing this role 100% remotely for years since COVID hit.
Back in June the firm we're contracted to issued a return-to-office mandate. I explained I have a medical condition that would prevent me from being able to return to the office. This was nothing new, my various managers had been aware of my condition, and the progression, since I was hired. I even provided an official letter from my doctor explaining that I would need to continue working from home. I heavily emphasized that I was requesting a Disability Accommodation as per EEOC/ADA Law to continue working from home since my role could 100% be done remotely. There was a lot of back-and-forth discussions with no real conclusion.
Fast forward to Friday 12/12, I have a meeting with my manager from the staffing agency who tells me that the firm I'm contracted to is simply eliminating my position and opening a position on the on-site support team at the local office at the end of the year.
I've been stressing over this whole situation for 6 months now, every employee and manager I've worked for or with at the firm completely supports me but the new upper management is completely indifferent. The stress has gotten to the level of making me physically ill several times these last few months.
Now I find out that even though they said that they are "eliminating" my position they are planning interviews for my replacement.
I'm beyond stressed and am freaking out about finding a new position that I can work from home. On top of that my health insurance is going from $530/mo to almost $700/mo at the start of the new year and earlier this year my 16 y/o car's transmission started going out so I had to buy a new car and have a car payment again for the first time in 12 years.
I don't expect this post to go anywhere. I just needed to mentally rant and scream into the void.
Snooj
The illegality and shittiness of this aside, if nothing else works out you can be glad you get some notice. My notice was a skip level meeting request sent at 6pm on a Sunday for a 9am Monday meeting.
beaubrent
I feel like you have to have a lot in writing to sue for this. Otherwise it is trouble.
realrealluckless
Shit like this is why I'm starting to feel like management needs to be a certified position with sensible oversight. Pull shit like this on employees, and you lose your certs. No certs? No management job.
Get the shitty people out of the way and make room in better jobs for better people.
gimpyfloyd6
Lawyer time.
Totallyscrewedinaustin
That's rough, buddy. Is there any kind of unemployment for contract work like that? Or is it one of those situations where technically it's the staffing agency's job to find you a new position/contract/whatever?
AlmostClever
You in the states? We're hiring in the mid-south...
titoitoi
"The stress has gotten to the level of making me physically ill several times these last few months."
This ain't on you. Middle to upper management is graded not on skill, aptitude, or understanding, but exponential willingness to enforce whatever edict is handed down from the especially psychotic leadership level, which means they are literally the physically ill ones, not you.
Shout into that void. Let them know who the fuck is coming.
LoveDjinn
@BananaForScale @5m4llPXO
UPDATE: I appreciate all of the support and suggestions. I'm definitely going to grab screenshots of everything I can that's relevant and contact a lawyer.
Now I'm just hoping I can find a job soon enough to keep me afloat while also pursuing a lawsuit. If things get bad I've started to consider selling some of my more valuable Magic: The Gathering cards.
Neednoggle
Wow, fuck those assholes. That is beyond bullshit. But yeah, like others have said, I think there's some legal action you could take here; it sounds incredibly sus.
ugopb4me
Sue
clonedeeznuts
Good luck and I'm sorry you live in a country that doesn't care about disabilities or its people in general
varonicaED
What country? They can fire you for no cause if they are downsizing due to financial difficulties, if they are firing you for no cause, then hiring for the same position you should be entitled to compensation depending on what country you live in, labour laws vary a lot, as someone else said, speak to an employment lawyer, we aren't employment lawyers.
Wheretheheckisjason
CylensTheDiscourse
If you live in America...good luck, you're fucked. You should definitely try for a lawyer, but don't get your hopes up. The lawsuit might be dragged out for so many years that you won't have any other income in the meantime and they're probably hoping you'll die of your disability before the court reaches a decision.
But if you do live in America, even if you're broke and homeless. you can easily get a gun. I hear they make good means of delivering justice in your country when all else fails.
UnpinionedPoplars
EVERYBODY!!! All state bar associations offer a "find a lawyer" service to connect you with firms that specialize in whatever problem you have. Search " bar association" to get to their site, then look for a 'Public' or 'For the Public' menu item and dig a little.
Shut up about it online until you've spoken with a few firms.
You are protected by attorney/client privilege as soon as you contact them, whether they take your case or not, so tell them everything. Good hunting!
sobeman
On the plus side,.a lot of IT jobs are still fully remote but that is changing. On the negative side the job market is one of the worst since 2008.
nezo
Lawyer up
LgpandBandit
Same position here. My wife made me change the contract to remote only, so now it does not matter what they say. Also I have joined a union. And last I have been expending my skills to include python and now learning terraform. Don't fret out or loose hope . Fight back for your future which I unlikely to be with that company.
originalhuman
If you have your own health insurance, yo have to consider
1. What your health condition is
2. How much of your needed care your insurance actually covers
3. Switching to self pay and charity care options
ApronNoPants
Filing a complaint with the EEOC is free.
ooglakkerman
Get your unemployment gig in line. That's 6 months of bennies if you game it right. Also, look into if you will qualify for TRADE act.
RetrogradeLlama
In addition to suing this employer for a sleazy move to avoid having you on disability, you have an opportunity for action against the end employer. If they tell you where to go, what to do, when to do it long term then you’ve actually been an employee of theirs under Federal & State Law as well as IRS regulations. The taxing authorities take such transgressions seriously. Their ass is hanging out a mile on this too.
Find an attorney.
onecowboytoo
This is why Microsoft started the 18 months on 6 months off rule for contractors as they got sued by contractors for this.
dbish2828
Sorry about your treatment OP. It sounds like you have a good transferable set of skills, hopefully you can find another similar opportunity. A lot of commenters are suggesting that you have a good legal case, and I agree that you should consult a lawyer, but if you’re working through a 3rd party contracted to the employer, it will completely depend on the terms of the contract. My employer used agencies a lot, any of their contracts required 1 week notice.
neithermenoryou
Call the company you were working for (through the agencies) and just see if they're willing to hire you directly now that it's been six years without issues. Even if they need to accommodate you chances are a salary directly into your pockets will be cheaper for them than them also having to pay for you through an agency like that.
Sh1tMovieGroup
Have you considered arson?
(for legal purposes, I would like to explain that this is a joke)
d4m4s74
Burning down your workplace while only being able to work from home might not be a good idea
VerySmallDuck
Thojira
sounds ... illegal
mindstorm8191
It is. But companies do this kind of stuff all the time and get away with it. The law is only on your side if you're rich.
Bystandr
If you live in Canada these guys likely owe you. At least severance if not a human rights settlement. They cant do that beyond a 4 month probation period. You should take all documentation and do a free consult with a labor lawyer, if so.
Sensiblyinteresting
This happening, pretty sure they are in America
Neednoggle
Their mention of insane monthly health insurance premiums makes me think they're American. But you're right in any case, I think op should lawyer up.
Evenmoreuselessname
That and talking about the EEOC and the ADA
Exyr
The fact that they're creating a new position makes this illegal. Should contact a lawyer. That could be a decent pay out.
mrthewhitee
Yeah usually they have the good sense to pretend the position is redundant and then just HAPPEN to open a new position after long enought that they hope you won't notice.
Telling someone you are rehiring for the position they're being fired from is incredibly dumb.
Eiladar
If OP is a Contractor, they won't have nearly as many protections as a FTE. Generally all the hosting company needs to do is say that they're eliminating the contracting position and translating it to a FTE (as I understand it, that seems to be the case), and there's not much they can legally do about it. Regular wage slaves have a whole parcel of issues on their own in the US; contractors have it exponentially worse.
TakeAChillPill16
Depends on whether or not he's an employee of the staffing agency who's firing him. Post makes ot sound like he works full time for a staffing agency that contracts his services to companies that need them. And that the staffing agencyvis firing him.
yourmomscheese
It says the firm his staffing agency is contracted with is eliminating his position and hiring FTE on site. So not staffing agency firing him, and unfortunately there wouldn’t be a lawsuit as a result
TakeAChillPill16
Yeah, I re-read it, seems you're right. Sucks for OP, doesn't make it right, but they're probably legally out of luck.
njessup1992
You should speak to an employment lawyer.
floomby
I don't know shit from fuck, but it sounds like constructive dismissal to me.
onetimepost9
Yep
drbwaa
Any decent attorney is gonna be happy to pick this one up.
Etherealvalentine
Finding one who will take your case, when you don't have a couple thousand dollars laying around, is no feat for the tired, or the weak. I got fired in 2022 for reporting workplace harassment, and the county (my employer) fully admitted it. The FBI ended up taking two of my bosses to prison. It's too bad I didn't have any kind of support, or a few thousands extra dollars laying around. Our country's "justice" system relies on this silly idea that lawyers are just... Available. And they aren't.
WigglyBlondeNoodle
Yeah this doesn't sound legal. Usually an employer can't fire you or unilaterally change your employment status if you are seeking a disability accomodation. This is often the case even if the accomodation is not fully established.
WigglyBlondeNoodle
While you are contacting a lawyer, start collecting all documentation on your disability, the proposed employment change, and any communications with your company on the accomodation request. Do not say anything to your employer about any of this until you speak to a lawyer!
5m4llP0X
With the fact that they TOLD @op "We're just gonna fire you and hire someone on-site" any worker's rights lawyer would be chomping at the bit to get such an amazing slam dunk of a case. Their only hope is that the Staffing agency has deep wallets.
glittalogik
*champing at the bit, but yes.
wadatahmydamie
Champing at the bit*
5m4llP0X
This is why I'm a bouncer and not an English teacher. Thank you, though.
wadatahmydamie
I only know because of George Carlin. Still upvoted, your point is obviously a good one
5m4llP0X
I upvoted ya, too. I saw some people DVed, and I was like "This person wasn't being a dick about it"
BananaForScaIe
ESPECIALLY with ADA involved. As soon as there's a whiff of replacement due to medical or disability lawyers salivate. @OP a good lawyer will do it on contingency. I had to rein mine in when a previous company took my team (that I'd built from 3 to 500, bringing in over 9 figures in new revenue) and made me sit at a desk until I quit when I had a heart attack.
She wanted to go after them for millions, I just wanted my severance as defined in my contract. She was LIVID at them (I won btw).
LurkandJerk
Sadly this guy is prolly fucked. ADA offers some level of protection but not as much as you think. But theres a couple things also to consider - staffing agency and contract primarily, a lot of protections do not include staffing agency/temp employees (i.e. not direct employee of primary company). Then contract, my guess is that there is on-site requirement built in. Companies can also claim business hardship to deny ADA accommodations i.e. circumstances of business, number of employees.
BananaForScaIe
Note: I only took the severance, and even that took them 8 MONTHS to agree to and pay, purely out of spite. Asshats be asshatting, I guess. They spent way more on fighting the settlement than what I asked for, and was contractually entitled to.
hotmessactual
I'm glad you won but shame on you for depriving them of proper consequence.
Pryde217
You should have gone for the millions; fuck 'em.
5m4llP0X
Agreed. If corps want to be shitty -- make them pay. It's the only way they learn.