Hope someone can help me. I am Assistant Manager at a very big Cellular company. On May 3, 2008 the manager resigned. After numerous attempts to hire a manager, I reluctantly accepted the "interim manager" position. Effective May 16, 2008. On August 4, 2008 due to complications of my diabetes I went out on a short term disability. I was approved for short term disability on August 12, 2008 (my approval date and after 1 week waiting period) After seeing my doctors, I sent an email to my District Manager that I would be out for the remainder of August my leave was approved.
On August 16, 2008 I received an auto generated email stating my commission login id had changed back to my former assistant manger id. ?? I thought to myself "how cold I havent' been out of the office more than 2 weeks and already demoted...! Now doing this now left a vacant manager position at the store which I was told could not be vacant for too long. Our pay period is bi-weekly so any changes to employment status, promotions etc..must be done on a pay cycle.
Now with my job change effective date on August 16th that meant to the disability payroll department as of August 12th disability pay and commission would be that of a manager and not my former position of assistant manager.
Last week I sent an email to payroll concerned if I was getting the correct amount of commission, they said I was not and that it was incorrect. They would research then get back in contact with me.
Shortly after that I received an email from HR, stating get this they changed my effective date to my former position of Assistant Manager effective August 10, 2008??? what??? This day is not on a pay cycle and will cause a overpayment. Take a mind no one was promoted to "interim manager" until September 22, 2008.
Putting my job title change date prior to August 12, 2008, the disability benefit pay will be that of an assistant manager going forward. The checks I have received so far that were correct due to the correct pay cycle ie., $18 per hr (manager pay) vs $16 per hr (assistant pay) will cause an overpayment where my next check will substantially be reduced to offset their most recent "off pay cycle job title change due to their "change of mind" I guess you can call it versus paying the difference in commission from assistant manager to manager. Sorry for long email but basically my question is this:
1. Can a employee changed your job title without notice after being out a week on short term?
The email I sent to them on 8/8/08 stated "until the end of the month". HR claims I said indefinitely. I have my email and read receipt to proof it.
Also this interim manager position remained vacant until 9/22/08. ?? So why was I demoted??? I would understand if they demoted me from manager to assistant because they hired someone to be the manager... I don't understand and we are non-union so I dont know if I can fight their decision.
Take in mind giving me the manager pay/commission took alot longer than taking it back from me <go figure>
**important fact is that I will not be returning to work due to my disability and will follow the procedure by transitioning from short term disabilitiy (expires in February 2009) to long term then SSA. Hence the reason for my concern in the difference in pay.
Sorry for such a long post..I just wanted to make to list all the facts