is punishment legal?

[cayla99]

What is the name of your state? ca

I had been out of work on comp for 9 months, (hand injury) when i returned to work I was pregnant. My employer held my checks for one pay period behind everyone else because i had been on comp/ (I have emails to prove it). That is when they remember to pay me at all. In october I had to go to the labor board because they "forgot" to cut my pay check, then wanted me just to wait until the following payday. My employers have gone out of there way to make life uncomfortable and hard for me.

I am due to return from maturnity leave on monday..a half hour ago my employer called me and told me that my hours would be changing. this change makes it impossible to find a sitter for my new baby. especially only giving me three days including a weekend to accomplish this. I feel that it is retaliation for taking the time off work. It appears that unless a miricle happens, either my husband or I will have to quit our job in order to take care of the baby...I think my employer is trying to force me to have to quit.

I don't see how my employer can do this...do I have a case?

 

[cbg]

IN TOTAL, how much time have you missed in the last 12 months?

Does your employer have more or less than 50 employees within a 75 mile radius?

How long have you worked for this employer?

The answers make the difference as to whether you have a case or not.

 

[cayla99]

7 months

been with company 5 years

my employer has over 100 peopke un my building

 

[cbg]

If you have been on medical leave for seven of the last twelve months, then you have long since lost any protections you once had, regardless of how legitimate the medical reasons may have been. The maximum time the employer is required to hold your job is 12 WEEKS - after that length of time, the employer can change your hours, demote you, or even fire you if you are unable to return to work. So yes, it is perfectly legal for them to change your shift or your hours, regardless of whether that creates a day care problem for you. I don't mean this as harshly as it will sound to you, but your babysitting issues are not your company's problem.

If your pay is not being released properly, you can file a complaint with the DOL about that, but you have no recourse with regards to the change in your hours.