working

Hi all I was hoping someone knows about labor laws in california I have been working full time in a management level job for two years I am getting ready to have my pm battery change in a month. My employer has always knowen about my pm since day one it has not affected my job performance. I was called into a meeting three days ago and asked to step down from my managerial postition due to " concern of my health" they stated that they would like me to accept a less stressful postition that comes with a reduced salary. I was told that this is a favor to me and that I can accept the position or leave the company. I love my job and the postition that they offered is in a department wich is more to my liking and experience however due to finances there is no way I can make ends meet on reduced salary. any advice would be greatly appreciated. I feel like I'm being discriminated against because of the health cost the company pays more of the health benefits for managers than non management employees

7 Comments

working!

by PGRIMES76 - 2009-06-18 03:06:24

I ran my own business for seven years and was the General Manager at another for 8 prior to that.

If you have solid performance reviews and can show increases in pay and advancement job classifications I think you have a very strong case. It is even stronger if you are over 40, then you can add age discrimination.

Go to;

http://www.eeoc.gov/


...and look around. I understand that they may have lawyers who will represent you free of charge.

But, be carful; make sure you have a fall back plan if your current employer lets you go. Here also, the EEOC can help. After all, they are funded by our tax dollars, it is your turn to see a return on that investment.

Good Luck
PGRIMES76

fight back

by Tracey_E - 2009-06-18 03:06:46

Politely ask them what makes them think you're not capable of continuing to do your job well. Have you missed work days or had complaints about your performance? I'd start with a letter from your doctor stating that you are cleared for work and he doesn't feel your position is dangerous to your health. As Magster said, if they're eliminating your position, there isn't much you can do.

Unless the company is self insured, then they more than likely have a large group plan which means the premium is the same for everyone regardless of health, so you don't cost them any more than anyone else at the same level.

Check this out
http://www.dir.ca.gov/DLSE/

Something to keep in mind, you don't want to find yourself uninsured and unemployed when it's time for your replacement. A lower paying job is better than no job, and in this economy you may not find another job quickly so you might have to deal with it short term.

Good luck!!

ADA Case...

by chip - 2009-06-18 04:06:33

Since you have been working in your present capacity with the pacemaker for the past two years and if you can show no decline in your performance and if your doctor will certify you are able to perform the essential functions of your job I believe you have a case for a suit under the Americans with Disabilities Act.

Your employer does however have the right to reassign you to another position with equal pay as provided by the ADA.

You will have to weigh the benefits of a suit against the likelihood that your employer may move to terminate you should you file.

I would consult an attorney experienced in the field but in my opinion you might just have a case.

Addendum to ADA Case post...

by chip - 2009-06-18 05:06:21

You will also have to show that you have a limitation in a major life activity because of your pacemaker. (your doctor can help you with this) This will allow you to insert the claim that you require a reasonable accommodation under the act.

Courts are picky on this point. Arm yourself well and be ready for a fight.

Best of Luck

WRONG

by pete - 2009-06-19 03:06:08

No employer can set themself up as a judge of your health. Most companies have little understanding of pacemakers and fail to realise in many cases that their employee with the pacemaker is often "heathier" than others whose lifestlye is not good. If you have been doing your job without frequent sick leave and your performance has not been affected by the pacemaker then they are surely acting illegally. You can avoid sick leave for pacemaker replacement by taking holiday instead. What have they got to grumble about then? I know of one American computer company who sacked a friend of mine the first day he returned to work from his heart bypass operation. He had worked for them for 20 years. He successfully sued the company although his financial circumstances afterwards were not as good as if he had kept working. Cheers peter

discrimination

by cqmccann - 2009-06-25 06:06:02

This is a clear cut case of discrimination. Get an attorney, keep your job and go get 'em. Best of luck!

thank you all!

by bmom91 - 2009-06-29 02:06:12

Thank You all for your advice and support! I am taking the demotion so to keep benefits until after my pm replacement then I plan to fight hopefully I can help companies learn that we are an asset not a liability and that just because we are "plugged in" :) that we are capable of working and doing everything we did before.
Hope to meet you all in Florida!

You know you're wired when...

Your signature looks like an EKG.

Member Quotes

Since I got my pacemaker, I don't pass out anymore! That's a blessing in itself.