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  1. #1
    Join Date
    Jul 2012
    Posts
    3

    Default Transferred to a Different Position Due to Unfounded Health Concerns

    My question involves labor and employment law for the state of: Michigan
    My husband was told be his employer that he feels that he is unable to do his job. This is because of our personal relationship and the fact that the boss feels that he should not be in his position due to his heart problems. Which is cardiologist says he is doing great and don't even want to see him for a year. The boss gave him a different job, also now other employees have asked him if he is feeling okay. When he answers yes, they reply oh good they will let the boss know that you are not having any problems today. Is this legal? It is embarrassing to my husband.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    13,048

    Default Re: Treated As if I Was Disabled

    How does your personal relationship figure into this?

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,075

    Default Re: Transferred to a Different Position Due to Unfounded Health Concerns

    How did your husband's employer come to learn about your husband's heart problems, and become concerned that they may make it inappropriate for him to perform certain job tasks?

    What job tasks are we talking about?

    What are the relevant differences between the old and new positions - title, hours, compensation, duties, supervisory authority and the like.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,241

    Default Re: Transferred to a Different Position Due to Unfounded Health Concerns

    Had your husband been off work due to heart problems? If so, was he possibly off on job protected FMLA leave?

    We also need the answers to cbg's & Mr. Knowitall's questions.

    Thanks.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  5. #5
    Join Date
    Jul 2012
    Posts
    3

    Default Re: Treated As if I Was Disabled

    We had been having some problems and I had moved out for three weeks. But then we wanted to work it out and I came home. His boss (and many others) didn't want him to let me come back home. At this meeting between husband and his boss. His boss stated to him that he doesn't know how my husband can show his face in our entire state.

    - - - Updated - - -

    Two years ago my husband had some heart problems and had to have stents put in. But he is fine now, no new problems. He was a manager, he did the ordering and kept up with most of the paper work. Now he is putting up stock, which is a lot more physical. See his boss is trying to get him to quit, we think. That way he doesn't have to pay unemployment. My husband has been in his job for 14 years. We are not sure what the wage difference is going to be yet, his boss hasn't said. He is now the assistant manager, not the manager. One trick that this boss has done in the past and we are afraid that he is going to start doing this with my husband. And this is to start cutting his hours until they are so little that he has no other choice but to quit and find another job.

    - - - Updated - - -

    He was off work for two weeks about two years ago for recovery from surgery. He used his vacation time so as to not lose pay. Also in the 14 years that he has been there, he has not once been written up, and you could count the days that he has called in on one hand (with the exception of those two weeks.)

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    13,048

    Default Re: Treated As if I Was Disabled

    Okay, WHY did your boss not want him to let you come home?

    There is a reason for these questions, and it has a direct relationship on the legality of the boss's actions. As former poster on these forums used to say, I am not a dentist - I don't pull teeth. So let's have all the relevant information, please, or pay a lawyer to answer. He gets paid if you waste his time. We don't.

  7. #7
    Join Date
    Jul 2012
    Posts
    3

    Default Re: Treated As if I Was Disabled

    Okay I am not trying to waste your time, I thought I had given you enough information. I also use to work at the same place, I left due to a disability. I left on excellent conditions. His boss is very religious and he has and still tells my husband that if I left once I will leave again, which I am not going to do. He(boss) thinks that he is being a friend to my husband and says that he is trying to save my husband from further pain. Now that I am and have been back for four months, his boss knows that my husband is not going to listen to him. What we don't understand is why is my husbands job depending on our personal life? I am sorry if I haven't given you enough information. I don't understand what else you need. Please help me

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