[TXMomof3]

Ok, today my boss left me a message. I have been out of work on doctor's orders for about 3 weeks now due to back problems. I return to the doctor next week to see how I'm doing (which is still not good) and take it from there.

My boss told me he packed up my desk today and although I'm not "fired", they needed to give my position to someone else - but when I am able to return they will find something for me to do, they are just not sure what yet. I am really upset over this, as there were two girls that worked different days during the week that were covering for me and all was going well - until they dropped this bomb on everyone today. The girls (my friends) don't even know what they will be doing now since they are no longer needed to cover my position.

I am totally confused. I understand that someone needed to fill my position, but it is another girl in the office - not someone they hired. My desk is no longer mine, my personal items have been packed and I'm sorry but the sound of "we'll find something for you to do when you can return" doesn't sound too comforting. This is the last thing I need right now. I'm all ready upset that I am not working (I feel like I'm not contributing to my family) and my disability hasn't kicked in yet so we have been going weeks without any form of income from me, not to mention being in pain 24/7. It is very stressful.

Thoughts? What would some of you do, or feel about this?
I called my other supervisor and left her a message to call me so I can talk to her and try to find out exactly what is going on.

Thanks for listening...

~P

[Bamiegurl]

Oh my gosh that is aweful! I'm not sure how I would react. If I have a chance I will ask DH what he thinks as he is in mgt. I know I would feel violated by someone packing up my stuff like that. I will keep you in my prayers as you try to sort this out. Maybe the other sup. will have some answers or suggestions for you.

[fuzzy324]

Check into your rights under the Americans with Disabilities Act.

Here's some general info on it:
http://www.eeoc.gov/facts/fs-ada.html

A lawyer could probably tell you more about how your situation applies. I thought that an employer can't fire you or give your responsibilities away unless you are physically unable to perform your job. In your case, that still has yet to be determined by your doctor.

[Barb0522]

Are you on FMLA? Even if you are, they only have to give you a comparable job when you get back. Whether it is legal or not, it stinks.

[sweet tooth]

Good idea fuzzy... Also check to see what your Labour Relations Act says. Not sure what that might be called where you are, but look for something like employment standards, or labour relations, etc.

I guess this is a stupid question, but are you in a union? If so, call your union rep right now.

A lawyer is another source. Find one that specializes in employment stuff. They will often give you an hour free consultation to get things started, if necessary.

However, you also need to weigh your actions against further treatment in the workplace...

Good luck.

[TXMomof3]

Thanks for the support everyone. My other supervisor never called me back today, but hopefully she will tomorrow. I'm just so upset right now. Maybe she will be able to shed some light on things. I'll keep you guys posted on how this turns out.

One thing I am proud of though - I am a total emotional eater and I refused to let this sabotage me today! I stayed on plan all day long - making that the highlight of my day.

~P

[ellis]

TXMom, I'm so sorry! I'll be saying prayers for you. And congratulations for staying on plan! You are one strong woman!!

[Kryss]

TXMom, I am sorry to hear you're having such a rough time right now. I sure don't know what I would think or do in your position, but I know I wouldn't be happy about it. GOOD FOR YOU for not letting this effect your eating though! That is something to be proud of!

[LaurieX]

ARGH! This type of mistreatment really burns my biscuits!!! Why do such A-holes get into management??? There's got to be some kind of legal issue here. Perhaps you could contact your employer's human resources department and make your situation known. They are supposed to be your representative w/in the company.

I am truly sorry you are going through this right now. Try to focus most of your energy on taking care of yourself. Your health and well-being are most important to your family. You seem to be a very strong woman and I'm sure you will persevere. My prayers are with you!

[wendyjo]

I'm pretty sure Barb is right - as long as they haven't terminated you and they can provide you with a comparable job (and same salary) they can legally do this.

Just a note though, I had a similiar situation and I quit. Normally when you voluntarily quit you cannot collect unemployment but I told them that I quit cause I had health problems that my boss was not sympathtic to and I was granted unemployment.

[VTprop]

What type of job do you have- does it include manual labor? Are they working on a constant deadline? What was the status of your time off for injury? Do you have an employees union? Sorry so many questions- it's the lawyer in me. Let me know what happens as the situation develops.
You're in my prayers,
Shannon

[kvixen]

I work for employment attorneys, and sometimes, all you need is for your boss to get a letter from a law firm saying that what they did was illegal and that you will pursue action if things aren't remedied. The only downside is that lawyers are very pricey, although there are some that will do the initial consultation for free, or even talk to you on the phone and give you some advice without even seeing you. I know my guys do that. I would absolutely get some legal advice because they can't just give your job away, especially if they are thinking of reducing your pay, your benefits, or your status as a result.

Let us know how it turns out!

[GoldieFun]

I am sorry to hear about this!! I would say for now, focus on yourself and your health. Is there anything additional you can do to speed along your recovery? Physical therapy? Exercises? I have also heard they only have to give you a comprable job when you return as well...so maybe it really will be OK? And the sooner you can return to work the better!

lauren

[Bunnababy]

Sorry that happened to you. Of course they didn't "fire" you because that would blatantly illegal. Unfortunately, I am pretty sure the others are right that as long as they let you come back to work they have their behinds covered. I too would be concerned about having anyone else help me with it if you intend to keep working there because they can make it rough on you if they don't like having to deal with an attorney or government agency.

I sure hope all works out to the good for you. Great job on not letting this cause you to eat.

[TXMomof3]

Just an update. I talked to my boss yesterday and was given the reasons why they had to do this. In a way, I understand where they are coming from. Too many inconsistencies from too many people covering for me, as she put it. It made the higher-up's and some major clients upset that they weren't receiving the attention they needed. On the other hand, after speaking with a few co-worker's and finding out what it was said I would do, seems like once I go back, I am going to be put in a position that is all ready in the process of being phased out. This one particular area is not making money for the company, and the manager of that area has all ready been let go due to it being so slow. So, I am still very concerned and I know that by doing that they are able to cover their butts. I would be let go because my job was phased out, but at least that would let me collect unemployment, right?

For now, there is nothing I can do. I am trying to focus on getting well and will see how things go when I get back. I'll just have to see how things pan out once I am able to return. For now though - I'm trying not to stress too much over it...it is just making me more and more miserable. My boss said I had nothing to worry about as far as my job - I will still have one when I return...they just needed to do this to have consistent coverage, however my other boss said they had no idea what I would do once I returned. One sounded not very convincing to me that I wasn't fired, and one leaves me thinking am I not being told the truth. Oh well...only thing I can do is wait and see.

Thanks for all the well wishes and support guys, I really appreciate it!

~P