New Job description after medical leave? (employee, interviews, employer, company)

[fgreco]

Hi. So my position was technician at this company I work for, but now I hear after my medical leave is over and I go back to work I will have a totally different position, and hours will be reduced by 8-10 per week. Is this legal, and if not what are my rights?

[fishbrains]

Maybe.

Were you covered by FMLA?

Are you in a union shop?

Did your company recently RIF people?

Are you at the same rate of pay?

[fgreco]

FMLA? No I am not in a union shop. The company replaced me with another person who is a newly hired person. I had a medical note from a doctor as well. Its a small shop with about 5 employees including myself. My pay rate will be the same.


edit: So now from technician I will be a buyer of phones and my hours can decrease even more if I don't get enough phones per day. I really didn't want my position changed at all.

[fgreco]

I just felt that this was unfair and didn't know what to do about it.

[fishbrains]

Originally Posted by fgreco

FMLA?

FMLA is a federal law that protects employees, but the company needs to have 50 employees or more. Look it up, it might be useful for you to know the basics in the future.

No I am not in a union shop.

Unfortunate. Most union contracts have protections for employees.

The company replaced me with another person who is a newly hired person. I had a medical note from a doctor as well.

Neither matters. Because you work for a small employer you have no protections to the best of my knowledge. Doctors notes do not create protections, they simply serve as documentation for protections that exist in law (FMLA). You might be able to file for UI, but I cannot speak to that with any authority. Post in the unemplyment forum where people know about this type of thing.

Its a small shop with about 5 employees including myself. My pay rate will be the same.

It seems as if they are in their rights.

edit: So now from technician I will be a buyer of phones and my hours can decrease even more if I don't get enough phones per day. I really didn't want my position changed at all.

Sorry, your wants don’t mean anything legally it sucks, but that is the reality.

Originally Posted by fgreco

I just felt that this was unfair and didn't know what to do about it.

It isn’t fair, but it is legal. Sorry that you are in this situation, time to start looking for a different job.

[fgreco]

Thanks, I appreciate you answering everything for me. Thanks again.

[fishbrains]

Originally Posted by fgreco

Thanks, I appreciate you answering everything for me. Thanks again.

You’re welcome. Sorry I could not have provided any good news.

[TFW46]

Originally Posted by fgreco

Hi. So my position was technician at this company I work for, but now I hear after my medical leave is over and I go back to work I will have a totally different position, and hours will be reduced by 8-10 per week. Is this legal, and if not what are my rights?

I'm so sorry. It may be legal, depending on how it's all structured.

I was a manager before I retired and, when I was sitting in on a meeting of other managers, another manager was discussing how to get rid of an employee. The employee did a good job but the menager just didnt like her. She was a protected class so he was told he couldnt let her go without a good reason. He thought about that and said he'd make her job part-time, which would cut her hours so much that she'd lose her benefits and would have to find another job on her own.

After the meeting, I went to him privately and told him that, if he did that, I'd report everything he had said to HR and I'd also testify on the employee's behalf if necessary. It worked -- he did nothing. As you can imagine, I paid dearly for it for the last year before I retired, but that was 8 years ago and she's still there.

[annabanana123]

Since it’s a small company it’s unfortunately legal. I’d start looking for a new job.

[fgreco]

Hello everyone, am I allowed to go on interviews while on medical leave?