Work place fairness issue

[Drdogface]

For lack of a better word at this moment I used fairness. This involves my wife's workplace which is a small business (Vet Hosp) in Grass Valley, Ca. My wife has been employed there for about 13 years as a Vet Asst/animal tech, etc. In August she had a fall at home and broke her leg. She was out for six months since it was a nasty break requiring 6 hr surgery. She returned to work in Feb but was not given her nomad hours back. I don't know if this is actionable...a friend's husband says it is and he is somewhat experienced in this area. I have tried to contact the Ca Labor Board but was referred around in circles.

Anyone have a guess on this ? Yes, this is a small business with maybe 12 employees.

[Baz]

Has she asked the owner and/or manager why she didn't get her regular hours back?

If so, what did they say? Is this something they are working on or did they tell her to pound sand?

Was there any animosity involved in her relationship with manage/ownership?

Have you spoken to the manager/owner yourself to ask what is going on?

What did they tell her when the incident first happened wrt her position when she returned?

Was there any reassurance she would return at that time - or was everything just 'put on hold'?

[Drdogface]

Thanks for the reply.
She was told she'd get her hours back 'in a few months' when she came back. Now they just slough her off. The one Veterinarian is the owner and damn near everyone has issues with her...she's a spoiled little rich beotch, and nasty with everyone for no apparent reason. I want to speak to the owner myself but my wife is afraid she'll get fired if I push it...or even talk about it. Not sure they told her anything when she first went out, but when she came back it was said she'd get her hours back 'in a few months'. A new tech was hired to to fill in while she was gone and given my wife's hours/days. We really didn't know when my wife would come back but she stayed in touch while she was out.

[Mrmerlin]

find a new boss

[Drdogface]

Originally Posted by Mrmerlin

find a new boss

Trust me..she would if she could... This is a small foothill community and jobs are scarce and low paying.

[tevake]

Six months is a long time to be out of the lineup. They have to be fair to the one that filled in for so long. May take some time for attrition to open up the hours for your wife. Probably not as long as in some shops, with the owner being as you describe.

All the best
Richard

[Zeke]

I'm not an attorney and someone here who is can tell you more. However, you might want to look into workplace law and find out about leaves of absence. Some are covered better than others, such as maternity. But, they only give you 3 days for bereavement. Off the job injury may not be protected anywhere near what on-the-job injuries are.

The labor board is useless as it's been gutted.

[911boost]

If she had gotten injued a work it would be a different story. Or been gone due to active duty military,etc.

CA does have a lot of laws that are definitely more in the employees favor, but this one is pretty straight forwad I think. Even though it may not seem fair, especially after 13 years, they don't have to give her the same hours / days back unless she has that specified in an employment contract.

I would not talk to the owner as that woud probably create drama. Your wife's best bet is to just keep working and doing a good job, and through attrition get back to her normal schedule.

Bill

[Seahawk]

I agree.

Did she have insurance, etc.?

Six months is a long time.

Originally Posted by BSiple

If she had gotten injued a work it would be a different story. Or been gone due to active duty military,etc.

CA does have a lot of laws that are definitely more in the employees favor, but this one is pretty straight forwad I think. Even though it may not seem fair, especially after 13 years, they don't have to give her the same hours / days back unless she has that specified in an employment contract.

I would not talk to the owner as that woud probably create drama. Your wife's best bet is to just keep working and doing a good job, and through attrition get back to her normal schedule.

Bill

[Superman]

There is a federal Family Medical Leave Act (FMLA) and states often have their own Family Leave Acts (FLA). In Washington State, some of that statutorily-mandated state leave runs AFTER all or part of the federal. In California, it is believable that federal and state law protects her.

And yet, even if it does, the next problem becomes enforcement. And then, after that (assuming it gets enforced), you may have an employer-employee relationship that is injured more than her leg.

I wonder if it might be good for her to explore the 'in a few months' remark. Perhaps find out what was meant by that, and what to expect.

[SeanPizzle]

What the heck are nomad hours?

With 12 employees, her absence caused a major disruption to everyone else there. I am sure a lot of reshuffling had to occur to keep everything covered and running smoothly.

Their workplace is too small for FMLA compliance and that is only for 12 weeks. I would suggest she approach the management with her requests. If management can't fulfill those requests, she will have to make the decision of whether it's worth staying on board. There are several good animal hospitals in the area.

[Brando]

Having been out of work for an injury in the past for a long time (4 months), HR laws are a mess in CA. The employee has hoops to jump through if they want to keep their job (FMLA paperwork, workmans' comp, etc.) and the employer has hoops to jump through to keep the employee since CA is a right-to-work state and can be terminated by either party at any time.

Your wife should call the CA Labor Board - they can answer these questions and do so for free (okay, time costs). They can explain the requirements for compliance with the law, what your employer is legally required to do and what the employee is legally required to do.

I can only speak from my past experience, but I filed the required FMLA paperwork and was able to get my exact position back - even though they hired a temp to fill my spot while I was out. Had I not filed the FMLA paperwork they could have laid me off once I hit the 30-day mark and paid me all past-due wages/PTO/Vacation, etc. and hire a full replacement.

[Don Plumley]

Sorry to hear about the injury.

Brando hit the nail on the head, protection (as far as labor board is concerned) is provided through FMLA, so unless she filed FMLA paperwork, all bets are off. Further, with just 12 employees that might be below a requirement threshold anyway.

You asked about the concept of fairness. What's the concept of "normal" hours for any hourly employee at this firm? If the original offer of employment was for 40 hours a week, then you would seek clarification. If the original offer of employment is "we'll use you as much as we can", then the employer is doing what they can. Now if the vet is a nice person and they have the need, clearly they should bring hours back to "normal" (full time) as soon as they can. But if they hired a replacement while your wife was off, and this person was very capable, then by splitting the position between two they are being fairly generous, albeit at the downside to your wife.

Finally, if the replacement is at a lower wage rate, I don't think you would have a discrimination (If your wife is in a protected age class) claim, but worth noting.

[Drdogface]

No paperwork was filled out...we didn't know to do it. Most lay employees there work part time...about 30 hr per week and that's what my wife used to work. Now she only gets 24 and different days even though this boss gives extra hours to other people..likley smaller salary. I had told my wife that she is just SOL the other day and that the boss can do what ever she wants but a friend said no way... I think the issue is that this is a small business and that seems pretty much what the labor board told me, but they were not sure either. After that I got referred all over the place and got sick of the ordeal..

Thanks to all who replied.... +++

[Zeke]

Originally Posted by SeanPizzle

What the heck are nomad hours?

A misspelling. Be creative.

What does the wife do there that is unique or specific to her job? Any specialty animals? I'm looking for a way for her to take her experience outside the office.

[Hugo930]

Too small of a company, be glad that they could accommodate her back in.

[JJ 911SC]

Originally Posted by BSiple

... I would not talk to the owner as that would probably create drama. Your wife's best bet is to just keep working and doing a good job, and through attrition get back to her normal schedule.

Bill

Agree, life is not fair but even worse is a woman (good worker) working for a B-icht...

Out of 35 years in the government my wife worse time was the 3 years she work for womens

[imcarthur]

Small community. Small job pool. Small minded owner. If you ratchet this up, you may win the battle but you will lose the war & your wife won't have a job eventually.

Ian

[Drdogface]

Yes, too small...that's what I figured and yes this woman is a 24carat b...h. One of these days fairly soon there will be a mass walk out because she verbally abuses darn near everyone there. She's on the hook for two loans totaling over a mil. She acts more like a 14yr old Emo Girl than an adult business woman. If she fails a lot of other people lose jobs and family incomes incl Vets who carry all the water for the place. Jobs are really tough here and salaries are minimum. There are tons of vacant store fronts.. Word is that this woman is seeing a psychiatrist but dunno just what. Also that she's been on psycho-active drugs in the past but just quit.

Ian, you're spot on too. We see that. In the end I may be willing to threaten to reveal some legal and ethical issues that I know about if she does not change her ways with everyone. Cal OSHA and the Board of Examiners would not be happy with her. Up here, and much of Ca. competent Vet Techs are very hard to find....most new ones just wanna pet puppies and are poorly trained if at all.

[Baz]

Originally Posted by Drdogface

Thanks for the reply.
She was told she'd get her hours back 'in a few months' when she came back. Now they just slough her off. The one Veterinarian is the owner and damn near everyone has issues with her...she's a spoiled little rich beotch, and nasty with everyone for no apparent reason. I want to speak to the owner myself but my wife is afraid she'll get fired if I push it...or even talk about it. Not sure they told her anything when she first went out, but when she came back it was said she'd get her hours back 'in a few months'. A new tech was hired to to fill in while she was gone and given my wife's hours/days. We really didn't know when my wife would come back but she stayed in touch while she was out.

You're welcome Mark. I understand about the job situation in a small community but it still sounds like she would benefit from keeping her options open to work somewhere else, based on your (her) description of the boss.

In the meantime like many have already stated - maybe she is fortunate, under the circumstances, to still be employed with the prospect of getting back to her full time hours down the road.

I know it is said when you are unemployed - or in this case - not "as" employed - it's a great time to take a vacation. Maybe she could spend her extra time doing some of the stuff she always wanted to but couldn't because of work. Just one way to look at the other side of the coin.

I'm familiar with the vet practices around here and I see a fair amount of turnover - it really seems like personality drives one's employment tenure at one facility or another. I hope things work out one way or another......

And thanks for all the help she has given her ACD patients over the years! Woof!