Company lied about WFH possibility

[Copenhagener]

I am a tech content writer, and spend 95% of my time doing focused research and writing. I also have Aspergers, and simply cannot focus and work with noise. My heart beats faster and I can’t get my brain to work.

I've always been able to wfh for 2-3 days a week, which solves the issue entirely. I do more in those days than I do in the office by far.

I started a new job 3 months ago. Before I began, I made sure to specify I needed 2 wfh days a week. The job was advertised as hybrid, and I was assured that was fine and company policy to allow it.

One week in, the CEO told me he expected me to work in the office, all day, every day because he doesn’t believe people should work from home because it’s not productive.

My productivity has fallen through the floor and I’m so unhappy. I’m having to work all evening to keep up, and because I also freelance for other clients, I don’t have enough time. I’m exhausted and miserable.

I’ve told my immediate manager I’m worried and stressed and can’t focus - but the most he can offer me is headphones. I’m even sat next to the kitchen: they won’t let me move to a quieter spot, or change my hours to come in earlier.

AIBU that I feel I’m being set up to fail? I really don’t know how to handle this without straight up quitting, but the job market isn’t great right now. I’m trying to last until January, but I’m worried I’ll get fired. The CEO is a horrible guy, so I don’t feel I can tell him about the Aspergers. It’s a small founder-led company, so no real HR function and everyone is scared of him. I’m so stupid for taking this job!

I would contact your occupational health team to discuss. The notion of hybrid basically means you have to be there when they say but they should be making reasonable adjustments for you.

good luck

I'd encourage you to talk to your employer... from what I can tell employers have a duty of care ... a lawsuit would be worse for them.
Also read over your written contract regarding WFH.
It's not worth running yourself into the ground and if you don't advocate for your requirements they could let you go and refuse to give you a reference. I assume you have a trial period.
Defintely approach an organization who have experience in this to get advice and support

I hope things improve for you

Don't be hard on yourself, it's not your fault that the circumstances were changed from what you agreed to.

I would though start looking elsewhere. It's not worth pouring your effort into trying to get them to accommodate you, even though it would be beneficial for them.

Small companies like this can really be ruined by a toxic CEO. Just chalk it up to experience.

Quick note: I’m based in Denmark (though I’m British) so we don’t have the same laws.

They do need to give me 3 months’ of salary if they fire me; but I’d prefer not to be fired at all. I’m looking on the side for other roles, but it’s really crickets out there right now.

I would never have accepted the job if they’d been honest about no WFH, as I would’ve known it’d be a bad fit for me. I’m confused why some companies would lie about something that helps ‘unsuitable’ candidates self-select out.

I’m also due to start IVF treatment in January, and I’m concerned I won’t have any flexibility to go to treatments with the CEO’s obsession with being at your desk at all times.

What does your contract and/or company policies state about wfh and time for appointments?

Can you wear noise cancelling headphones?

There’s no ‘official policy’ according to the only person on the people team. I was told upon starting we just needed to make sure we were in Wednesday and Friday. Other people are working from home, so it does seem I’ve been singled out.

Contract says wfh is allowed, but can be ‘withdrawn’ in special circumstances. I’ve not been told of any special circumstances, just that the CEO likes it better this way.

Sounds like the wfh you were promised you is a 'reasonable adjustment' under the Equality Act. You need to let them know about your ASD (is it formally diagnosed?) and explain why you need the adjustment. They can't help alleviate the impact of your disability if you don't tell them.

Won't you be taking time off to the medical appointments?

Sorry I’m not sure if this would apply.. but are you in a union?

Yes I am, perhaps I can ask them. Good idea.

If your contract does not state wfh and the company wants you in the office I don’t think you have a leg to stand on to be fair. If they are offering reasonable adjustments and you still cannot attend the office, which is a requirement, I think you you need to start looking for anew job. It does not look like the CEO will move on this.

I can’t openly for that reason, as I also found out her fired a woman who got pregnant because of her pregnancy, and there was a lawsuit last year. I don’t want to disclose that I’m attempting to get pregnant. So, it’ll be a mix of flexible mornings (quick scans) and unexplained sick days.

I really messed up with this place, unfortunately. The sad thing is that everyone is lovely, the commute is 10 minutes by bike, pay is good, and the product is cool - the CEO is just a horrible human being and I can’t work the way that makes sense for me.

Quick update: I got fired on the very last day of my probation. It was awful.

Oh, I'm so sorry OP. I work with lots of incredibly brilliant autistic people who need various degrees of sensory peace to be that brilliant. It is remarkably stupid of employers to ignore this.

Oh no OP! Although in the long run I’m sure for the best. What feedback did they give? Sounds like you’re well out of it if there’s lawsuits against this guy

Reasonable adjustments under the equality act 2010 - you need an occ health referral & then a report that supports your need for wfh and probably also quiet working area in the office

Good luck with it x

Really sorry to hear that

the reason given was: ‘That while your performance is great, you’re not the ‘right cultural fit for the CEO’. On the way out, I tried to say goodbye to him and shake hands, as I like to be professional, and he literally turned around and walked off. Even the HR woman who had to take care of the firing said that was completely not ok.

I won’t miss it there, but it was pretty awful of them to wait until literally the last moments of my probation to do it. They could’ve done it two weeks ago, but I’m pretty sure they wanted as much work as possible out of me.

I’ll be much more careful vetting the next job before accepting.

Thanks everyone for your help.