It happened!!!! Rant and question

JeSsIcA
on 5/12/09 11:32 pm - PA
Hello Ladies,

Well it happened, it is my 6th week and I will be returning to work on Monday, but it will be oh so different. I get a call from my boss last night spatting off her going to change my job description and basically take all my work and give it to the girl that was filling in for me. She asked if I was coming on part time or full time, which I told her from the get go that I was returning full time that I am on my own raising my daughter and I would need the money. So now she is taking everything I have worked on and for, for the past 2 years and giving it to the other girl. I created all the systems that are in place and trained her, and now they want me to do some office odds and ends. This girl doesnt know how to use microsoft office and I would use it daily multiple times a day!!! I'm sooooooo pissed right now. As it stands there is not 40 hours worth of work in the office with odds and ends to do. Can they really do this crap?!?! I'm so sick of this place, they do everything so sneaky... i mean hell its only a few days before I am to turn and I am blindsided with this....

Thanks

Jessica




Hollywog
on 5/12/09 11:38 pm
No clue if they can do it...but my gut is telling me they cannot, unless it's  a really small company?  It wouldn't hurt to check w/an attorney just to find out...or maybe someone w/knowledge of employment laws will jump in here.

Good luck...

Holly
 January 2008, 
               July 2008
               December 2008  
               July 2009
               September 2010
               July 2011

Mom to Khaled

impulseisbeauty
on 5/13/09 3:02 am - Westminster, MD
oh they can do it. My company just did to my boss and then trumped up charges so they could fire her immeadiately. In PA and MD FMLA only states that you are to get an equal job, if not the same one, and MD is state where companies don't have to disclose why they fired you, I think pa is too...

It's a bunch of BS and I am pretty sure I'll be walking into it in the fall.

~Victoria
 Lilypie - (9X7j)Lilypie - (oanE)

Liz R.
on 5/12/09 11:39 pm - Easton, PA
So sorry to hear that they are doing this to you!!! I don't think that there is a law to what they have to bring you back to they just have to bring you back. Doesn't make it suck any less though! I'd say take the next few days and polish up the 'ol resume!
Pam Hart
on 5/12/09 11:40 pm - Easton, PA
Under FMLA laws, I believe if you had a full time position they must return you to full time hours.  However, they do NOT have to keep you in the same position you were in.

That is ridiculous....and I would definately be looking for employment somewhere else (while keeping your other job, I might add)

Good luck!

Pam
Instead of complaining that the rosebush has thorns, be happy that the thorn bush has roses.
floflo1981
on 5/12/09 11:41 pm - Huntsville, AL
I would be so upset!!! I don't think they can legally do this...I don't know the law exactly but it seems very underhanded and wrong...Hope it all gets straightened out!!!

Lilypie - (zx1x)


Pre-op 284/Current 180/Goal 145  5'5
Surgery Date:April 23, 2007



 

Ashlie
on 5/12/09 11:47 pm - Big Lake, MN
In my work hand book it says that employees returning from an unpaid leave of absence are entitled to their former position or one of like status and pay. I believe it is the same if you were paid while you were off for maternity leave. I am pretty sure this is a state law not just my companies union rules. I think you have a pretty good argument here!
Lilypie - (bzQG)

Highest / DOS / Current / Goal / I've lost / Height / Size B4 wls / After wls
 
435      405      213      184       222        6ft          30/32         14/16
   
(deactivated member)
on 5/13/09 12:21 am - Naples, ME
Hi tehre,

Well, it is hard to say because of the FMLA...I found out the hard way.  It all depends on the size of your company; how the FMLA will work.  I actually went through a law suit against my past employer because they "let me go" while I was recovering from my surgery.  Which had been planned over a year in advance. (they also let me go by leaving me a ,message on my cell phone) That's besides the point....

Ironically, while I was in the hospital my Veterans disability finally got approved and I became a disabled vet.  One week later I was let go.  My attorney was stuck because Florida is a fire at will state.  They do not have to have a "reason." They were technically "not" breaking the law.

I was promoted the month before, never missed a day, always worked long hours and went above and beyond.  Still, once I was sick. BOOM! I was out.  So, we never got to trial.  The only thing that would have saved me was if the company was larger.  Then they had a case with FMLA.

You should call the department of labor for your state and see how that works in your paticular state.  They may just be moving against the law and hope that you don't realize it.  It only takes a phone call.  GOOD LUCK!!!!
Hollywog
on 5/13/09 11:31 am
Left a message on your cell phone?!  How low is that?!  Chicken ****s...

Holly
 January 2008, 
               July 2008
               December 2008  
               July 2009
               September 2010
               July 2011

Mom to Khaled

Shauna S.
on 5/13/09 12:35 am - Amsterdam, NY
Ethically it's completely wrong. Legally it's fine. Under FLMA - they are required to hold a position but not necessarily the one that you left with. They can not reduce your pay or your hours upon your return if they have you doing another position though.

I'm sorry you're going through that - it's quite ridiculous. I would definitely be looking for another job in the meantime. Maybe there is some hidden agenda - to pile the work onto the other girl so that she quits and they don't have to pay unemployment? 

Who knows - I hope it gets better for you though!

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