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anyone know labor laws
I'm really not sure if this legal or not...just seems wrong...This is happening to my sister...she is more mad rather then prepared to do something but I'm hoping to empower her.
She works (worked?) for an National Insurance Company but in a small office of her boss, boss's son, and like 1 or 2 other people. My sister went out of work suddenly, emergency surgery on her back. She had no vacation/sick time built up. Her office hired a temp but has now told her that when she returns she has been demoted to a lower position with a lower salary, I think one that didn't even exist in this office. They made her drop her keys off, and when she did, they handed her a box with all of her stuff in it. My mom asked (because she had driven because my sister can't drive yet) "Are you firing her"...they said "No, but we can't be liable for her possessions".
Her manager is claiming she finds my sister incompetent, citing all these things she was doing wrong when she worked there (my sister says she wasn't trained properly) and petty things like a customer had seen her walking before the back surgery and asked if she was okay and my sister responded "I have a bad back"...her manager says she is appalled that she shared that with a customer.
It seems to me, that this woman has such a small office that she cannot handle an extended absence, which I understand, but aren't there laws protecting you from getting demoted because you are temporarily disabled. I think she's smart enough not to let her go but I think she's tryiing to make it so she doesn't come back and she can just keep the "temp".
My sister believes that she did not need to file FMLA since the office is so small it wouldn't apply, I'm not sure since technically it's part of a larger chain.
Where would you start to see if this is appropriate.
Re: anyone know labor laws
I would contact a lawyer, explain the situation and ask about it.
I think this is more of an employment issue than labor (they are different fields of law), and I think it would come down to the particular policies of the company and how it operates. I'm not sure how franchises or the like work - but its very likely she would not qualify for FMLA depending on the licensing etc- but I really dont know in that regard. Anyway, since she didn't file for it, then it seems like it would be a moot point anyway. She needs to figure out a) if she qualifies for FMLA, and b) if it can be retroactive in a situation like this. She should call the company's HR department to get the basicso n this.
If she had no sick time and no vacation time and was out of the office, and FMLA does not apply, I'm not sure what they are doing that is so wrong. I get why its wrong from a moral standpoint and why it sucks for her but business-wise - not so much. Was her unexpected leave approved? If someone just doesn't go to work (regardless of the reason) and they dont have leave built up, I'm not sure what responsibility the company has, if any. It definitely sucks, but it doesnt mean its illegal.
lovelylittleworld
BFP#2 1/12/12 ~ Missed M/C 8w2d
lovelylittleworld
BFP#2 1/12/12 ~ Missed M/C 8w2d