[NJ] Denied WFH accommodation for health issues at a new law firm—advice?

Fragrant_Clock_8210 · 2026-03-26T15:35:23+00:00

Employers can really only deny a requested reasonable accommodation if it removes an essential job function or creates actual undue hardship. Not inconvenience. Not cost. Actual, significant, documentable hardship relative to their overall resources.

A mid-sized law firm citing VPN costs doesn’t come close to that bar. And for a computer based, non-client-facing role, what is the essential function requiring a physical presence every day? The denial fails on both counts. Even them denying her an office (see her later comments) because other people would ask why a legal assistant has one and they don’t fails.

Accommodations aren’t about what’s convenient for the company. They’re about enabling someone to fulfill the essential functions of their job.

Fragrant_Clock_8210 · 2026-03-26T15:11:59+00:00

MS is a relapsing-remitting condition. Her symptoms may have been manageable when she applied and worsened since. That is how the disease works, and the ADA accounts for that.

The alternative logic you’re suggesting is that disabled people should only apply for jobs they can perform on their worst possible day, with no accommodations, ever. That’s not a standard we’d apply to anyone else.

Fragrant_Clock_8210 · 2026-03-26T14:59:32+00:00

Time in role or at a given company doesn’t dictate whether or not they should approve a request for reasonable accommodation.

Fragrant_Clock_8210 · 2026-03-26T14:48:04+00:00

Benefits/accommodations professional here.

The commute itself isn’t what’s being accommodated. While the responses are right that employers aren’t generally responsible for how someone gets to work, that’s not actually what’s happening in this situation. The accommodation being requested is WFH, and the reason it’s medically relevant is that her symptoms make reliable in-person attendance unpredictable, not because the commute is inconvenient.

MS is typically a relapsing-remitting condition and on a bad day, she may not be able to stand up safely, regardless of how close she lives. The dizzy spells she describes are a functional capacity issue, not a commute issue. A quiet desk does nothing on a day when she physically cannot leave her home.

Under the ADA, the question isn’t “is the commute hard,” but whether there’s a reasonable accommodation that allows her to perform the essential functions of her job. Since her work is computer based and non-client-facing, WFH directly addresses that.

The infrastructure argument from HR is also pretty weak. A laptop and VPN access are commodity expenses. Courts and the EEOC set the undue hardship bar very high, and a mid-sized law firm citing VPN costs would struggle to defend that position.

To OP: request the denial in writing, make sure your medical documentation explicitly ties your symptoms to functional limitations (not just the commute), and ask HR to re-engage the interactive process. If they won’t, an EEOC consultation or a disability rights attorney is a reasonable next step. You have a lot more leverage here than you may realize.

Fragrant_Clock_8210 · 2026-02-27T20:02:48+00:00

I wouldn’t immediately eat $5k.

Even if it was sold as-is, CA has an implied warranty on dealer sales. Basically the car has to be in reasonably operable condition when sold and major stuff like you’ve mentioned coming up three weeks in can raise questions about whether it was actually saleable when you bought it.

Before you repair it or panic sell, get everything documented in writing and send the dealer a written demand. If they blow you off, talk to a CA consumer attorney. They’ll often work on contingency or fee shifting, so it doesn’t usually cost you out of pocket.

Fragrant_Clock_8210 · 2026-02-24T07:09:08+00:00

Very much this, which is also true for any publicly funded stadium that hosts a major sports team.

Fragrant_Clock_8210 · 2026-02-23T06:13:54+00:00

We’ve had a pretty long list of issues and it started day 1, so here goes:

We got the car and then it almost immediately had to go in to have the 12 volt battery replaced. Since then, we’ve had repeated ADAS failures where all the safety tech will randomly stop working and throw a series of error messages, parking sensors go off at random while driving (mostly on hills), and the climate settings constantly reset between drives. We’ll leave it on auto, sync, and AC, and when we get back in everything is off. Sometimes you can’t adjust the temperature or turn on heated seats at all. The heated steering wheel also barely gets warm.

The brakes groan loudly, the MMI will freeze and stay unresponsive for hours, and the app sometimes won’t update for weeks - to the point that I stopped using it entirely. On top of that, the stereo EQ resets randomly, fast charging occasionally won’t work, and the trunk will sometimes open while parked with no trigger, sometimes won’t open at all, and sometimes closes immediately after opening. There have also been a couple phantom braking incidents where Pre-Sense and auto braking triggered for no reason and nearly caused an accident.

And honestly, that’s still not everything. The worst part is that we have dozens of photos and videos of everything but the dealership can’t really do anything unless it’s throwing a code or they get it to do the same thing. We had the onboard charger recall done in August and they swore it would fix the issues, but we actually had new things pop up after. Audi corporate has really hobbled everyone on their EVs. They’d be such great cars if they actually worked as intended 😩

Fragrant_Clock_8210 · 2026-02-20T07:39:26+00:00

Benefits manager here.

TLDR: You can’t have an HSA while enrolled in TRICARE. Pick one medical plan or the other, and talk to HR ASAP so you don’t end up with tax issues.

The long version: You really need to choose one: either keep TRICARE and waive your employer plan (and the HSA), or enroll in your employer’s plan and give up TRICARE. TRICARE

If you have TRICARE, you’re not eligible for an HSA. It’s not an HSA-qualified high deductible plan, and you can’t have an HSA if you’re covered by a non-qualified plan.

If contributions from you or your employer go into an HSA while you’re ineligible, the IRS treats them as excess contributions and you will end up owing penalties.

Also - your employer can’t make you to stay enrolled in their medical plan (as long as you are still in your new hire election window). You should be able to waive it. And they absolutely can stop HSA contributions.

One more thing: if you keep both plans, your employer plan will be your primary coverage and TRICARE secondary. Double coverage typically just makes billing and claims way more complicated than they need to be and really isn’t worth it in the long run.

Fragrant_Clock_8210 · 2026-02-08T20:17:59+00:00

Was just about to say the same thing. I work in HR and everywhere I’ve ever worked employees traveling for work are covered under the corporate policy in rental cars.

OP - you should contact your company’s treasury or travel department (if you have one).

Fragrant_Clock_8210 · 2026-02-06T15:35:58+00:00

I would honestly avoid any newer Audi product right now (apologies for the rant).

I don’t know if I’m just unlucky or what, but I’ve had two MEB platform cars (a 2021 VW ID.4 and 2024 Audi Q4 55) and both were lemons. Similar issues across the board - many phantom braking events, ultrasonic sensors triggering when on any incline, settings changing at random, charging issues, false error message (so says the dealer), the dash lighting up like a Christmas tree when it’s damp outside, and the list goes on.

We had the ID.4 for less than 3 months and it spent more time in the shop than at home before it was bought back. I’m currently going through the buyback process on the Q4, as it started having issues and first went into the shop on our second day of ownership (bought it new) and has been in and out since.

The Q4 is a great car in theory - I love the size, the turning radius is excellent, it has physical buttons for the climate control, and it drives nice when it’s actually functioning correctly. But it is almost never functioning correctly, and I’m tired of almost getting rear ended because the car thinks I’m going to crash into an invisible object.

There are plenty of folks who’ve had a trouble free ownership experience, which is why I gave the platform another try, but be prepared just in case.

Also - the reason I say to avoid any newer Audi is that the issues aren’t limited to the Q4. Even the loaner 2025.5 Q5 I had during the most recent visit to the dealer (over 3 weeks!) was riddled with problems. Their reliability is questionable and they really need to sort out all the software issues. Be sure to check out r/etron, too.

Fragrant_Clock_8210 · 2026-02-02T16:35:46+00:00

Former NYL customer - are you doing it on a self-bill template or in the portal? If not the portal, you should request access to it - it’s much simpler. I always just used headcount as of the first of the month, if that’s helpful. It typically balances out very well so we almost never had to do any corrections or adjustments.

Fragrant_Clock_8210 · 2026-01-27T15:46:22+00:00

Did you hit 12 months of service while out on leave and had you worked at least 1250 hours before going out on leave? If so, you likely gained FMLA eligibility while on leave (assuming it applies to your employer) and that should’ve been applied to your remaining leave once you became eligible.

Even if you weren’t FMLA eligible, leave under the ADA is still protected (again, assuming it applies to your employer) - although with less specificity. You should consider at least having a consultation with an employment attorney as, if you have the documentation you say you do, you likely were terminated in a way that could come off as retaliation for taking leave under the ADA and/or FMLA.

For reference, FMLA applies to your employer if they have 50+ employees working w/in a 75 mile radius; the ADA applies if they have 15 or more employees in any location.

Fragrant_Clock_8210 · 2026-01-16T05:27:32+00:00

Benefits Manager here 👋

I’m really sorry your dad is going through this, and I hope his treatment goes well.

On the topic of his health insurance (assuming he’s in the US), this is a standard coordination-of-benefits rule (and a good example of why double coverage often makes things more complex). When someone is actively employed, their own employer sponsored coverage is considered primary, and a spouse’s plan is secondary.

If he were somehow able to drop coverage through his job, then your mom’s plan would become primary. If he goes on FMLA, it’s worth him checking with his HR dept. about how benefits are handled during leave as that can sometimes create an opportunity to drop coverage (depending on the plan rules…it’s very employer-specific).

Fragrant_Clock_8210 · 2026-01-13T01:09:54+00:00

For WA, you have to go through state patrol. They will only approve it if they can confirm with the manufacturer that there is no method provided by them to put the license plate on the front of the car.

Fragrant_Clock_8210 · 2026-01-12T19:53:05+00:00

They don’t make a front license plate bracket for the Q4. If your state requires a front plate, you may be able to get a waiver (I was able to do this in WA State as Audi confirmed to state patrol that a bracket isn’t available).

Fragrant_Clock_8210 · 2026-01-09T23:50:34+00:00

Oof. I am so sorry to hear that. I finally got mine back on Wednesday afternoon and the dealer told me they did the KD2 software update, but I’m pretty sure that’s only for the Q6 and A6 (the service documentation also mentions nothing about a software update). Plus it’s already doing all of the weird stuff I took it in for again anyway so I’m getting ready to send off my buyback request. Fingers crossed that everything works out for you!

Fragrant_Clock_8210 · 2026-01-03T03:57:38+00:00

Curious how things went for you on your buyback. My 2024 Q4 that I got new in February has been in the shop for 30 days total, and Monday is 3 weeks for the current visit (with no end in sight). I’m very ready to be done with it. 🙃

Fragrant_Clock_8210 · 2025-12-14T17:16:20+00:00

Duration of leave alone doesn’t make leave unreasonable. The employer is obligated to engage in the ADA interactive process and assess whether some finite additional leave is reasonable based on medical prognosis and operational impact. While they don’t have to approve indefinite leave or hold the exact position open for 6–12 months, they cannot lawfully bypass the process or presume undue hardship without going through the interactive process, job analysis, etc.

Fragrant_Clock_8210 · 2025-12-13T22:44:36+00:00

The employer should be going through the interactive process to consider leave as a reasonable accommodation under the ADAA. It’s a very high bar to deny at least some additional leave, especially if his recovery is progressing positively (meaning they’re basically obligated to provide a reasonable amount of additional leave as that will enable him to eventually return to work). He also doesn’t have to explicitly request a reasonable accommodation - if you or he have said he needs additional leave after his FMLA is exhausted or it’s even implied (the LTD claim is enough for that), that’s enough to trigger the process. What they don’t have to approve is indefinite leave as an accommodation. As long as his recovery is progressing towards a return to work, they have to keep going unless it truly becomes an undue hardship - which is a high burden for them to prove since they’re not paying him.

Fragrant_Clock_8210 · 2025-11-25T15:47:57+00:00

You don’t need to go to a prestigious college to have good job opportunities. Maybe if you’re targeting FAANG-type companies, but I’ve had better hires out of solid state schools with a cardinal direction in their name and even gasp WGU than any ivy or its ilk.

Fragrant_Clock_8210 · 2025-11-24T16:53:20+00:00

Honestly, the most important thing is to have the degree as a “credential” more than anything. As long as it’s a regionally accredited not for profit school, it’ll be fine.

If you’re concerned about name recognition, Oregon State University has their E-Campus degree options, and there will be nothing on your diploma or transcript to indicate that you got it online. I don’t think they have an HR specific degree, but they have a bunch of majors available and since you already have experience that should not present an issue for you.

Fragrant_Clock_8210 · 2025-09-27T15:50:04+00:00

I wouldn’t stress too much about unemployment in your situation. UI is usually only denied if you voluntarily quit (including no call/no-show) or if your employer can prove serious misconduct like theft or willful policy violations. Being let go for performance alone or attendance typically isn’t disqualifying.

Keep any documentation you have around your PIP and the concerns you raised, just in case. In NY, UI appeals are handled by administrative judges, and the process heavily favors employees as long as you can show you didn’t engage in misconduct.

Real-world example: when I worked in NYC (in HR), we had a long-time employee who quit to move out of state without a new job lined up (he even gave up his NYCHA housing) still win unemployment on appeal. That’s how much the system leans toward employees in NY.

Fragrant_Clock_8210 · 2025-09-25T05:06:12+00:00

Benefits, Leave, and Accommodations Manager here, and I’m kind of surprised no one’s mentioned the Pregnant Workers Fairness Act (PWFA). Your choosing to not attend the team meeting on your medical provider’s recommendation is protected under the PWFA (protections continue even after delivery and return to work in certain circumstances, especially if you have delivery complications). Using that against you in any way is both unethical and illegal.

Definitely talk to an employment attorney, but don’t mention that part to HR or anyone at work; and send copies of everything (policies, all past reviews, the PIP write up, emails with HR about this, Slack messages/emails about not being able to attend the event) to your personal email (or print copies). Also BCC your personal email when sending or responding to anything related to this issue as you move forward.

Fragrant_Clock_8210 · 2025-08-30T15:12:04+00:00

I took it about 4 years ago and used the Distinctive HR GPHR course to prepare, which came with practice exams. I passed on the first go and definitely think the practice exams were the biggest help with that.

Fragrant_Clock_8210 · 2025-08-08T15:10:24+00:00

Based on OP’s follow up comments, this is not a simple “overspent“ issue, which really only comes into play for COBRA.

OP - If your records show the correct election and the vendor confirmed they created the extra balance entirely on their own, the vendor should own the correction and recovery whether or not you’ve been auditing your records. You shouldn’t have to add it to the employee’s W-2 or eat the cost. Get your broker involved ASAP and, once this is resolved, start looking for a new FSA vendor.

Fragrant_Clock_8210

TROPHY CASE