mackenzie
08-21-2006, 02:07 PM
In April I was told that I had a tumor on my pituitary gland. I informed my boss right away and informed him that I would need surgery. Becasue this is Alaska, I was being sent to Seattle for surgery so the time that I needed to be off was significant. In between the time of finding out about the tumor and my scheduald surgery, my boss began looking interviewing people for my position. When I found out, he explained to me that he was worried about me not being in the office and would like to transition me to a different department and hire someone new for my position. I agreed thinking I had no choice. I have three kids. Being off for weeks for the surgery was going to hurt me financially I couldn't afford to lose my job completely.
I was transitioned with the same pay rate and 4 months later had my surgery. I have been back at work for two weeks now and I find out that he is cutting my wages by 20%. I have been given no notice. Do I have any recorse against this guy? What can I do. Any suggestions would be helpful.
Thanks
How many employees does your employer have within 75 miles of your location?
How long have you worked for this employer?
In the 12 months immediately preceding your leave, had you worked a minimum of 1,250 hours?
How much time did you miss, total, for the surgery and recovery (include any pre-op time for doctor's appointments, pre-surgical tests etc.)?
Do you work for a public (Federal, state or municipal govt) employer or a private (non-government) employer?
mackenzie
08-21-2006, 06:35 PM
Thank you so much for replying. There are a total of 13 employees in the firm. I have worked for them for 23 months. Yes I have loged more than 1,250 hr is the past 12 month I have given a lot of time to this organization and put in hundreds of hours of overtime. . I have taken off probably a total of 120 hours including the surgery. But I have made up a lot of hours by working before hours after hours and on weekends. No this agency is not a federal, state or govt agency. It is a private employer.
Thank you
robb71
08-21-2006, 06:50 PM
cbg was attempting to determine if you qualify for FMLA. With 13 employees, this would mean that your employer is not considered *covered* by FMLA. The requirement is 50 employees within 75 miles of your worksite. Since FMLA does not apply, there was no job protection under Federal law. The employer exceeded their responsibilities by retaining you on staff.
Pay cuts in itself are not illegal. Generally speaking you should be notified of the new rate prior to it being implemented. I could not locate anything specific to Alaska on pay cuts. You may contact your state's DOL for clarification. There contact information is listed at the following link: http://www.labor.state.ak.us/offices/wh-of.htm.