Ewoka Elliat
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- Credits
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While it is difficult to predict layoffs in advance, you can count on Allstate to hire masses of people within six months of the initial announcement. The company cannot manage with fewer employees and will scramble to fill the positions as claims rise. Until the layoffs are resolved, you'll be working without tenure, and you could become homeless. Fortunately, there are ways to protect yourself from this scenario. Read on to learn more.
Mobley's accommodations
In response to an Allstate layoff assessment, Mobley requested a modified work schedule that would give her three days off on Tuesdays, two days off on Thursdays and one day off on Wednesdays. This would provide her with additional time to sleep, as she was unable to work on those days. She received this information from Allstate sometime in late February or early March, and then filed FMLA paperwork for absences from February 10 to 14 of that year.
Mobley claimed that her employer unlawfully retaliated against her after she first requested her accommodations. In early March 2003, Allstate removed her from her huddle room, despite her request for a temporary restructure. She was placed on RI status in August 2003, and later called Allstate's complaint resolution line to file a lawsuit. To win her case, Mobley must show that Allstate was required to provide her accommodations before she was let go.
Mobley claimed that her employer unlawfully retaliated against her after she first requested her accommodations. In early March 2003, Allstate removed her from her huddle room, despite her request for a temporary restructure. She was placed on RI status in August 2003, and later called Allstate's complaint resolution line to file a lawsuit. To win her case, Mobley must show that Allstate was required to provide her accommodations before she was let go.
Balatsoukas' scheduling policy
Mobley's case revolves around the scheduling policy of her former employer, Allstate. Mobley was required to work in a "huddle room" in order to collaborate with her coworkers. Balatsoukas denied this request and argued that a schedule change was not an accommodation. This argument is not successful, as Mobley failed to raise concerns regarding the need for additional accommodations during her interview.
Mobley's co-workers were able to continue to work remotely while she was at home watching her son play baseball. Allstate allowed a co-worker to work from home on BI files, even though Mobley was watching a baseball game. Because of this, Mobley received a pay cut from her co-workers, and she was forced to take on work from home.
Mobley's co-workers were able to continue to work remotely while she was at home watching her son play baseball. Allstate allowed a co-worker to work from home on BI files, even though Mobley was watching a baseball game. Because of this, Mobley received a pay cut from her co-workers, and she was forced to take on work from home.
Mobley's disability status
During the Allstate layoff assessment, Mobley was denied the chance to work on bodily injury cases and work only part-time from home. Mobley was diagnosed with essential tremor and a mental illness that required her to take medication. Mobley had difficulty staying awake and concentrating at work. Her job duties included working on approximately 100 UI/UIM claims and other types of liability insurance.
After receiving the medical information, Mobley requested an alternate schedule that would allow her to work half-days on Wednesdays and work a ten-hour day on the other four days. Her performance didn't improve much in the month of August, and she was placed back on RI status. At that time, Allstate could have put her directly into JIJ status. However, Allstate decided to take the risk and assigned a less-qualified employee to do her job.
After receiving the medical information, Mobley requested an alternate schedule that would allow her to work half-days on Wednesdays and work a ten-hour day on the other four days. Her performance didn't improve much in the month of August, and she was placed back on RI status. At that time, Allstate could have put her directly into JIJ status. However, Allstate decided to take the risk and assigned a less-qualified employee to do her job.
Mobley's layoff assessment
The question for this case is whether the RIF process was applied consistently across the company. Although Mobley was on the same termination list as her co-workers, she was not given a RIF. Allstate's claim of discrimination is based on its failure to provide reasonable accommodations to disabled employees. The ADA enshrines this as an example of discrimination. Allstate was not able to accommodate Mobley promptly, leading to her termination.
According to Mobley's attorney, Allstate did not properly consider her disability when determining whether she was capable of performing the essential job duties. In fact, the company only considered her performance after April 2003, when she was able to work in a private room with a co-worker. In addition, the company allowed a non-disabled employee to do her job on her own time while Mobley worked from home to watch her son play baseball.
According to Mobley's attorney, Allstate did not properly consider her disability when determining whether she was capable of performing the essential job duties. In fact, the company only considered her performance after April 2003, when she was able to work in a private room with a co-worker. In addition, the company allowed a non-disabled employee to do her job on her own time while Mobley worked from home to watch her son play baseball.
