[jlrb]

I need some information. I was injured on the job in late July 2005 and received benefits for two and a half months. At two months, I asked to return full time on a light schedule for one week. I was told, "We don't want you back unless you are 100%." So, I continued my PT and returned about three weeks later, full time on a normal schedule. My work is health care client service based. Clients are treated every six months. After working full time for four months, my employer reduced my hours citing reduced client service demand. Instead of hiring a temp to see my clients for the two and a half months I was out on injury, my employer cancelled my clients. As a result, my client service demand declined at the six month interval.

Historically, I had performed many other staff assisting functions for this employer and asked if I could do this until my schedule returned to the demand prior to my injury. I was told there was no need. Subsequently, very soon thereafter, three new assistants were hired to fill the staff assisting demand. Seven months later, I was tardy due to illness. I was told in an email that my hours would be furthur reduced from three to two days of work and that I would be terminated if I was late again.

Recently, my employer hired a person like myself to do part time research which I can do. More recently, the other full time clinical person gave notice. I expected to be asked to add back my three days to meet the service demand in her absence, but the full time and part time research people were asked to do the clinical work. Now, I learned the part time research person has been hired full time and both research people are alternating to cover the increased clinical service demand. I asked why I was not asked to work these hours and was told my employer "wants to limit [me] to the two days [i] am now working." Is this legal under Workman's Comp Law in MA? What, if any recourse do I have?
Reply With Quote

It is all legal your employer is under no obligation to give you hours. You may want to start updating your resume

[aaron]

It isn't clear from the limited information available whether this would constitute an unlawful retaliation against you, or if it would be SOP for your employer to reassign clients in this manner whatever the cause of the absence. I suggest that you consult a plaintiff-side employment lawyer, as the consultation should be free and you should be able to get a very clear understanding of your rights, whether they were violated, and the remedies that may be available to you.