Is This Legal? (employee, employer, job, companies)

[Colddiamond102]

I recieved my bi-annual evaluation at work, only to find that I didnt recieve a raise due to absences. I was told I was absent 5 times in 3 months....4 of those times was due to an illness and was excused by a doctors note.
I was told that even with a doctors note, these absences arent excused and still count against me.

Im part-time and have never had this problem before when covered by a note. Is penalizing this way legal?

I plan on contacting the Department of Labor to ask, but thought I'd throw it out for CD'ers to weigh in on as well.

[chet everett]

Raises are not guaranteed unless you are part of collective bargaining unit. It is waste of time to contact the DoL.

If you think you can find a better job it is your right to do so.

Good Luck!

[kodaka]

In this country, a doctor's note doesn't mean squat.

There are no laws requiring an employer to give you time off for illness, or to consider absences differently if you have a doctor's note. And an employer can definitely consider absences when they consider raises and bonuses.

If you call DOL, you'll probably just be laughed at. Honestly. Sorry, but that's just the way it is here.

[Colddiamond102]

-Shrug-

Ok. Just checking. As I said, Ive never had this come up before, so I thought I'd ask. Ive has issues with this boss before, so Im just making sure Im not being hoodwinked somehow.

Wouldnt have called DOL to file a complaint or anything..just figured it wouldve been the best place to simply ask.

Thanks ya'll.

[7 Wishes]

Actually, I think what you'll get laughed at is being denied a raise. If you were actually fired on the basis of medical-related absences, you might be able to argue you were discriminated against. Of course, most companies aren't that stupid and in a situation like that will find a "performance" related reason to fire you (which would also likely deny you UI). In your shoes I'd just be happy they decided to keep you employed.

[BabyBoomers2]

At a company I use to work for, during my one Yearly Review, I got a raise but no promotion to Buyer or Junior Buyer even though I was given the job of ordering items not just entering the info into the computer to create a purchase order. A year later, after leaving the company, I talked to my old Director/Supervisor over the phone and asked him why I didn't get promoted and he told me that it was because I had missed too much time for two surgeries (hip replaced and rotator cuff) . Each surgery had cost me a month/half off of work. I understood, but still didn't like not beng promoted from Materials Coordinator to Buyer or Jr. Buyer.

[seenontv]

Unless the employer guaranteed somewhere you will get a raise then there's really nothing you can do.

I mean they can not give you a raise just because they don't feel like it. They don't really need to give you a reason.

[Easybreezy]

Unless you have a contract specifying raises, an employer can deny raises for employees who have no absences.

Just like you can also be fired for any reason, or no reason at all. (Take a look at most employee handbooks. There is usually a line very similar to that.)