i recently went out for shoulder surgery and was off for 6 months. i ran and maintain a kitchen at a catholic day care that receives government funds. i have been released for work , but they want me to return taking care of young kids not in the kitchen. do i have any recourse
Country relating to Question: United States
State (if USA): Kentucky
Good evening! I can help you out with your legal question tonight. Did they lower your income at all? Did they state any reason you were changing duties?
no. i have maintain the kitchen for over 10 years taking care of nutritional requirements required by law, inspections, ordering supplies, menus and supplies.
Thank you for answering my follow up questions. If they did not lower your salary, but merely changed your job duties, then there is no remedy for you through the legal system. There is no discrimination from your facts and you really can't sue them for anything. One suggestion I would make is to get a note from your doctor so that you are cleared to lift certain weight. Your day care may be worried about you getting hurt and paying workers compensation etc. If you can get medical clearance, it may help convince them to return you back to the kitchen.
Over 12 years of business and legal experience.
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