QUESTION

Do I have legal recourse if my employer is changing my shifts because she is mad that I had surgery?

Asked on Jan 07th, 2013 on Labor and Employment - Texas
More details to this question:
I have worked as a Sonographer for my hospital for 5 years. I was hired as a Sonographer and to help in X-ray as needed. Last year, one of the Radiologists remarked in a joint board/management meeting, " that I was the best Sonographer in any of the 60+ hospitals they read for in Oklahoma and other states. " Since that time, my supervisor has been literally going through trash, watching security cameras, following me, interrupting exams to tell me I have a patient waiting, writing me up on very thin to nonexistent information, and verbally attacking me and accusing me of "not working" "not being a team player" "not helping X-ray ". I have scanned 12-16 patients a day. I am scheduled every 30 minutes and accept add on patients with out complaint. I became very ill and was for 2 weeks, I had an appointment with a surgeon to discuss planning a future gallbladder removal. My supervisor told me that I had better be sure to get that done after the first of the year, as I was scheduled very heavily until then. I discussed this with the doctor, and we made a plan to hopefully keep me going another month. The plan didn't work, I became very ill, vomiting until I was severely dehydrated . At this time I was admitted to the hospital as an emergent surgical patient. My gallbladder was removed, with some difficulty, as it was infected and starting to rot inside my body. I was not cleared for work for 3 weeks, and my surgeon really wanted me off 2 more, but because of the nature of my work, he let me go back to work. Upon my return, my supervisor called me into her office and told me that I was being transferred to X-ray working Saturday, Sunday and Wednesday nights. I was to spend a week in CT scan to refresh me then start the new shift. I asked what brought this on, and she said to me ,"you are going to learn to be a team player". I am a 47 year old professional woman, with 18 years experience in my field. This is crazy to me. Do I have any legal recourse?
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5 ANSWERS

Workers Compensation Attorney serving San Bernardino, CA at Nancy Wallace, Attorney at Law
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The employer has all the 'rights' here. If the employer no longer requires your services, you can be released. California is an 'at-will employment' state; your employment can be terminated at the employer's will. You might speak with an employment law specialist to see if somehow there is an 'implied' contract of employment, but I'm not seeing any 'sacrifice' (consideration) on your part to stay on this job for in exchange for know you would stay in a certain department. Try submitting to the Dept. of Fair Employment & Housing, but i'm 90% certain you'll get politely rejected with a 'right to sue' letter. I don't believe a gall bladder attack, surgery and recovery rises to the level of a 'permanent disability' under the Americans With Disabilities Act. I would focus 110% of my energy on securing a new post at another hospital, given it appears your supervisor can and will 'paper' you until you are dismissed 'for cause' (leaving you unable to get Unemployment INsurance). It's 100% easier to get a job when you still have a job.
Answered on Jan 13th, 2013 at 8:39 PM

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Employment & Labor Attorney serving Weston, FL at Behren Law Firm
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You could maybe have a claims for violation of the ADA or Family Medical Leave Act. We would need to speak with your further about these issues.
Answered on Jan 13th, 2013 at 7:56 PM

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Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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Unfortunately, you don't have a legal right to a particular shift, so employer may change your work schedule. Even more unfortunately, there is no law against an employer acting like a jerk..which it sounds like she is being. If you feel like you are being harassed, you should speak to an employment attorney.
Answered on Jan 13th, 2013 at 6:43 PM

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Your question is too long and complicated to quickly read and understand. I know of no reason why employer may not do this, based on quick scanning of your question. If you believe you have been discriminated due to a handicap, you should contact an attorney that handles discrim cases.
Answered on Jan 13th, 2013 at 6:34 PM

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Bruce A. Coane
Yes, of course. It's illegal to discriminate against an employee based on their disability. If you need help, feel free to contact my office.
Answered on Jan 13th, 2013 at 6:34 PM

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