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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18811
Experience:  Employment/Labor Law Litigation
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I was involved in an accident in August of this year and was

Customer Question

I was involved in an accident in August of this year and was able to go back to work in November. I was called into the office and told I would be receiving a 4.50 decrease in pay and I would loose 2 weeks of my earned vacation as well as 4 days of sick leave. I was told it was my fault we were not making money. I work in a medical office of which I have done accounting, insurance, registering of pts, coding, and any other job that needed to get done for app 15 years. My boss's brother-in-law is now doing the bookkeeping and receptions work. He has worked in restaurant management for years but was out of work for 5 years prior to coming to her office to take over. Can they decrease my pay and take away my benefits.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

How many employees does the employer have?

Do you have an employment contract stating that the terms of your employment cannot be altered without your consent?

Customer: replied 1 year ago.
5 employees, no I do not have a contract, I did not go back to work in November because they said they could not pay my insurance, I would have to pay it. I paid my insurance and the practice usually pays the employees insurance.
Expert:  Allen M., Esq. replied 1 year ago.

Ok. The issue here is that your time off due to the medical issue what not protected time off. For you to have protected medical leave, you have to have an employer with at least 50 employees. So, they right to return to your same job duties, pay, and benefits don't really exist here.

Without an employment contract then, they can alter your benefits at any time, with or without cause. Regrettably, that means that they could reduce your hourly rate and insurance benefits. They can also reduce your leave and sick leave benefits for the future...but that doesn't apply to currently accrued time off.

Now, the taking of your leave and sick time only makes sense if they paid you for the time you were off. Otherwise, they can't deduct you from you paid time off without paying you for that time. For that, you could technically sue them in state court for breach of contract. Unfortunately, your state doesn't do their own "wage claim" process, as do many other states (through a Department of Labor), so you are left to fend for yourself in state court/small claims.