QUESTION

Is it discrimination for an employer to cut your hours due to an employee being in the hospital?

Asked on Aug 30th, 2012 on Labor and Employment - Illinois
More details to this question:
I had to miss work one evening due to a concusion where I spent about 4 hours in a hospital. I was told that because my employer couldn't find anyone else to cover my shift he had to close the business for the night. For this, I have lost hours at my job and the reason as to why is because of the above situation. I went from several days a week to 1 day a week and can't afford to even pay my bills. I have tried to find other jobs with no luck. Is this a legal situation for an employer to treat someone or is this considered discrimination?
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1 ANSWER

Employment Law Attorney serving Chicago, IL
Partner at Goldman & Ehrlich
4 Awards
I cannot determine from the facts you give if there is a legal violation or not.  It is possible that your case falls between the cracks in the laws and may leave you without a legal remedy.  BUT, this does not mean you cannot have a conversation with the employer, indicate you are sorry that your concussion left him without coverage, and make sure he has no doubts that you clearly had a legitimate medical problem with a doctor note.  In other words, try to re-establish your good employee relationship.  You really have nothing to lose by trying this.  Should this fail, see an attorney
Answered on Aug 30th, 2012 at 10:16 AM

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