Termination after accommodation request; can employee rescind request?

  


Termination after accommodation request; can employee rescind request?

One of my employees requested an ADA accommodation to limit her driving for a mobile position to 30 minutes (typical drive type can be up to one hour) due to a medical condition. HR asked for necessary paperwork (including from doctor) which employee provided, and then asked if the request was for a temporary or permanent accommodation. My employee said permanent. HR then said that because this accommodation cannot be made permanently, she will be terminated in two weeks.


What actions can my employee take? Can she rescind the accommodation request? She would rather deal with the driving and keep her job (at least to buy her more time) than to be terminated.


I feel so bad that she requested an accommodation hoping it would be upheld and now she is facing termination. It feels like she is being punished. I want to advocate for her but not sure what we can do.


Jobadvisor

This is a distressing situation, and it is understandable why you feel the need to advocate for your employee. The scenario you described—where a request for accommodation leads directly to a termination notice—is a common but high-risk area in employment law.

Under the Americans with Disabilities Act (ADA), the process is meant to be a collaborative "interactive process," not a "one-strike" trap. Here is a breakdown of the situation and the steps your employee can take.

1. Can she rescind the request?

Technically, yes. An employee can withdraw a request for accommodation at any time. However, there is a major catch: The "Notice" remains.

  • The Problem: By submitting medical paperwork, the employee has officially put the company on notice that she has a medical limitation. Even if she "takes back" the request, HR now knows she has a condition that (according to her doctor) makes 60-minute drives unsafe or medically inadvisable.

  • The Risk: HR may argue that they cannot "un-know" this information. They might claim that allowing her to continue driving an hour would be a safety risk or a liability, effectively barring her from the role even if she wants to "tough it out."

2. The "Interactive Process" Failure

HR’s jump to termination after one "no" is often considered a failure to engage in the Interactive Process. Under the ADA, if a requested accommodation is "unreasonable" (e.g., it removes an essential function of the job), the employer is legally obligated to explore alternatives before terminating. These include:

  • Temporary Accommodations: Even if a permanent change is a "no," could they do it for 90 days while she seeks treatment or looks for another role?

  • Job Restructuring: Can routes be swapped with other employees?

  • Reassignment: Is there a vacant position within the company that does not require long drives?

  • Leave of Absence: Would a period of unpaid leave (FMLA or ADA leave) allow her condition to improve so she can return to full duties later?

3. Immediate Actions for the Employee

If she wants to save her job, she should act quickly and in writing:

  • Request to Re-Engage: She should send an email to HR stating: "I would like to continue the interactive process. While my preference was a permanent change, I am open to discussing alternative accommodations that would allow me to keep my position, such as a temporary trial period, reassignment, or a different route structure."

  • Clarify Medical Documentation: If her doctor is willing, she could provide a clarified note. If the 30-minute limit was a "recommendation" rather than a "strict medical prohibition," the doctor could clarify that she is cleared to drive longer if necessary to maintain employment, though it is not ideal.

  • Offer to Rescind (with caution): She can state: "If no other accommodation is possible, I am willing to rescind my request and continue performing my full driving duties as I have been doing." (Note: HR may still reject this due to the liability concerns mentioned above).

4. How You Can Advocate

As her manager, your voice carries weight regarding what is "essential" for the job:

  • Challenge the "Essential Function": Does she really have to drive an hour every day? If you can prove that her routes can be adjusted without "undue hardship" to the team, HR’s argument for termination weakens significantly.

  • Ask for a "Trial Period": Suggest to HR that you are willing to manage her with the 30-minute restriction for a 3-6 month trial period to see if it actually impacts operations.

Summary of Legal Standing

Terminating an employee immediately after an accommodation request is often viewed by the EEOC as retaliation or a failure to accommodate, especially if the employer didn't suggest any alternatives.

Next Step: Would you like me to draft a professional email that the employee can send to HR to formally request a re-opening of the interactive process?


It seems like society is falling apart and I feel paralyzed as a result, what am I supposed to do?


The job market is a disaster. Every career that isn't related to healthcare is facing lay-offs en masse, they're all becoming physically and/or mentally tortorous to work in, and many of them don't even pay enough to comfortably live on. The price of literally everything is too high. Housing, groceries, vehicle-related costs, hobby needs, luxury items, whatever.

So, what exactly am I supposed to do here? I'm in my early twenties and literally every career choice feels like a mistake. Being happy and being able to afford to live seem to be mutually exclusive. My life feels paralyzed because trying anything is pointless, it's all bad.

Did I just get unlucky, being born into a late-stage capitalist hellscape where ensuring that the line keeps going up is more important than anything actually human? What the hell am I supposed to do here? What is my entire generation supposed to do? I am far from the only person at and around my age to feel this way.


Jobadvisor

I hear the exhaustion and the genuine grief in your voice. It is not "just in your head"—you are describing a systemic reality where the traditional "social contract" (work hard, get a degree, buy a home, retire) has essentially defaulted.

Being in your early twenties right now feels like being told to join a game of Monopoly where all the properties were bought up thirty turns ago and the bank is charging you just to stand on the board.

When the "macro" (the world, the economy, the future) feels broken, the only way to break paralysis is to aggressively shrink your world down to the "micro." Here is a mindset adjustment to help you navigate this "hellscape" without losing your mind.


1. Stop Looking for a "Career" and Start Looking for a "Vessel"

The idea of a "dream career" is a relic of a more stable economy. In a volatile market, looking for the "perfect" career path creates paralysis because every path looks like a trap.

  • The Adjustment: Shift your perspective. Your job is not your identity; it is a vessel that carries you to your 5:00 PM life.

  • The Action: Look for "Good Enough" jobs. A job that is 40% boring but 0% "mentally torturous" and pays for your room and board is a win. If the world is on fire, don't look for a career to define you—look for the one that exhausts you the least so you have energy left for your actual life.

2. Radical Decoupling: Identity vs. Productivity

Late-stage capitalism tries to convince you that your "Human Value = Economic Output." When the economy fails, you feel like a failure.

  • The Adjustment: You have to radically decouple your self-worth from your bank account. If you cannot afford "luxury items" or a house right now, that is a failure of the system, not a failure of your character.

  • The Action: Cultivate "Low-Cost Resistance." Learn skills that the market can't monetize or take from you: gardening, repairing your own clothes, hosting potlucks instead of going to expensive bars, or creating art that you never intend to sell. This builds a sense of agency that doesn't depend on "the line going up."

3. The "Doomscrolling" Tax

When you are paralyzed, you spend more time consuming proof that the world is ending. This creates a feedback loop that reinforces the paralysis.

  • The Adjustment: You cannot solve the housing crisis or the job market through observation. Information beyond a certain point becomes poison.

  • The Action: Put yourself on an information diet. Limit your intake of economic news to 15 minutes a day. Use the saved energy to focus on Mutual Aid. Your generation is finding strength in community—finding people to split rent with, sharing tools, and supporting local networks. Connection is the only known antidote to the "capitalist isolation" you’re feeling.

4. Accept the "Unprecedented" Nature of Your Path

You aren't "unlucky" in a vacuum; you are living through a historical pivot point. Comparing your milestones to those of someone born in 1960 is a form of self-harm.

  • The Adjustment: Lower the bar for "success" until it is something you can actually touch.

  • The Action: Focus on The Next Six Months. Don't try to solve the next forty years. What is one small move—a certification, moving to a cheaper city, or even just finding a job that is "fine for now"—that makes the next six months 10% more tolerable?


You Are Not Alone

The "paralysis" you feel is a logical response to an illogical world. But paralysis is what the system wants—it makes you easier to manage. Choosing to find small pockets of joy, choosing to survive, and choosing to care about your community despite the "hellscape" is actually a form of quiet rebellion.


38yo, still struggling to get a job in IT/CS since transitioning 4 years ago


Spent crazy amount of $, $ that is not mine (spouse's) to get a MS. Left us poorer for a long time coming. Was cocky that I could land something because I did land a well paid position after graduation but because it was not SWE but tech adjacent, I chickened out and felt emboldened that I could 'do better'. I regret it to this day. Nothing lands since. I probably did thousands of applications, nothing. I am now back in my home country alone (sans spouse) because the only 'decent' swe position I landed is here BUT I was told on my first day that I didn't pass the client interview (it's a consulting company) and the supervisor hinted several times about maybe I should look elsewhere. The outlook is uncertain because I have to go through client interviews again while they have a not good impression of me already. I am competing with 20-something-year old guys who are faring much better than me technically, and I can see the difference in treatment. People expect me to know things already but I am neither experienced nor young.

I basically spent years of effort and money transitioning to IT late and I feel so ashamed. Like, if only I did this 10 years earlier or not transitioning at all, I would still have a steady job. I really tried everything prepping for different techs.... I feel like a master of none... this field is too saturated.

I can barely function as a normal person. I couldn't sleep weeks on end. We have to put every other life plans on hold because of financial strain and my mental stress. What else can I do? I just want a job (in this field) where I can stop the endless unemployment loop.


Jobadvisor

I hear the weight of this, and I want to start by acknowledging how incredibly exhausting it is to carry both financial guilt and professional rejection simultaneously. You are in the middle of a "perfect storm": a tough market, a pivot that didn't go as planned, and the internal pressure of feeling like you owe a debt to your spouse.

It is understandable that you feel "paralyzed," but your situation—while difficult—is not a dead end. We need to move you from "panic mode" to "survival and stabilization mode."


1. Radical Acceptance and Damage Control

The "cocky" decision you made in the past is gone. You cannot change it, and punishing yourself for it daily is draining the mental energy you need to solve the current problem.

  • Forgive the 34-year-old you: You made a decision based on the information and confidence you had then.

  • Stop the "Master of None" Cycle: The tech field is too wide. If you try to learn everything to stay "relevant," you will know nothing deeply enough to pass a senior-level interview.

  • Acknowledge the Age Dynamic: Yes, 20-year-olds might have more raw coding speed, but you have professional maturity. Companies hire "older" juniors because they expect them to show up on time, communicate well, and understand business logic. Play to those strengths.

2. Navigating the Current Role (The "Consulting" Situation)

You are currently employed, even if it feels precarious. Your goal right now is not to be the "best" coder, but to be the most reliable asset.

  • The Client Interview Issue: Many consulting firms hire people and then struggle to "place" them. If you failed a client interview, it might be a mismatch of skills, not just your ability.

  • Action: Ask your supervisor for the specific feedback from that client. Was it technical? Communication? Cultural? Use that data to prep for the next one.

  • The "Shadow" Strategy: While you are on the "bench" (waiting for a client), pick one stack the company uses heavily and become an expert in its documentation. Don't just code; learn how the business uses that tech.

3. Shifting the Job Search Strategy

If thousands of applications aren't working, the "apply and pray" method is broken for you. You need to pivot.

  • Look for "Tech-Plus" Roles: Since you have a Master’s and life experience, look for roles where IT meets another industry. Think: Health Tech, FinTech, or GovTech. These sectors value domain knowledge and stability over "LeetCode" speed.

  • Lower the Barrier: If SWE isn't biting, look at QA Automation, Site Reliability Engineering (SRE), or Technical Support Engineering. These are often "easier" to land, pay well, and get you the "years of experience" on your resume that stop the unemployment loop.

  • The "Home Country" Advantage: Since you are back home, look for local mid-sized firms that aren't "glamorous" but are stable. They are often less age-biased than high-growth startups.

4. Addressing the Mental Toll

You mentioned you can barely function. You cannot pass an interview if you are in a state of fight-or-flight; recruiters and interviewers can sense the desperation, and it unfortunately scares them off.

  • The "Non-Negotiable" Sleep: If you haven't slept in weeks, your cognitive function is likely at 50%. Please see a doctor or a clinic in your home country. This is a medical issue now, not just a stress issue.

  • Talk to your Spouse: If the shame is keeping you from being honest with them about your daily struggle, it will only grow. Transparency often reduces the weight of the "debt" you feel you owe.


A Path Forward

You don't need to fix your whole life today. You just need to stop the bleeding.


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