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Thread: SHORT TERM DISABILITY Kentucky

  1. #1
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    Angry SHORT TERM DISABILITY Kentucky

    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
    Last edited by CJMOORE08; 10-19-2008 at 08:18 PM.

  2. #2
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    What were you actually paid as on August 10? If it was Assistant Manager, then that is what the salary info should be based on. If you were the acting interium manager who was just filling in temporarily, then it makes sense that they would remove you from that position if you are not temporarily filling that role any longer. It doesn't sound like you were demoted so much as you just stopped receiving the premium for the extra duties once you were no longer going to be performing those duties. It really doesn't matter where in the payroll cycle it is.

    Most STD plans go by what you were making in the weeks/ months leading up to your disability anyway, not what you were making on paper only at the time of your absence. Honestly a $2 an hour difference in pay isn't going to make a huge difference in your overall benefits. Especially when it comes to SSDI.

  3. #3
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    Elle,

    I used those dollar amounts just as an example. The difference between the two jobs $10.07 per hour and monthly commission a difference of $357.45. Also I have been the store manager since May 3, 2008 however I did not see the increase in pay until 6/4/08.

    At the time my short term disability was approved by MetLife on 8/12/08, my job title was store manager. On October 3rd, I thought their may be in error in my commission, so I contacted payroll. Payroll agreed there was an error and was in the process of correcting it on my next check. Shortly after that the District Manager contacted me checking on the status of my return to work, at that time I told him what the doctors told me about the disease I had.

    Now before the payroll department could correct the error, suddenly HR steps in and submits another job title change changing the original effective date from 8/15/08 to 8/10/08.

    Now that they know I may not be able to return back to work, I feel that is the basis of the job title change again. Changing the date back to prior to my short term approval date from Metlife, forces Metlife to now changes my wages to that of Assistant Manager. I just confirmed this as well by viewing my October 24th paycheck on line just now.

    Is this legal? I do not feel it is fair.
    Last edited by CJMOORE08; 10-22-2008 at 11:21 PM.

  4. #4
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    Why would they base it on your temporary assignment? Such things are very nearly always based on your actual long term job and not interium assignments. The fact that they changed it well before they knew you would be out this long and would never return would make to difficult to claim that they did so just because of your disability. It sounds more like they just ceased paying you the higher rate as you were no longer the temporary fill in person.

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