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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19306
Experience:  Employment/Labor Law Litigation
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I have been working at a hospital 14 years, 13 m-f, over

Customer Question

I have been working at a hospital 14 years, 13 m-f, over nights as quest relations greeter, no weekends, in the same position, a new supervisor changed the title as they say deleted the job which we still do, but decided to make changes, I am now in a new job must work every other weekend and now have heard word that I will be the permanent over night admitting person. Something I totally do not know and barely understand. What can I do, and I feel as though my rights have been violated as other co-workers knows everything about me be and my job status and I have not been told.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: New Jersey
JA: Have you talked to a lawyer yet?
Customer: No,
JA: Anything else you think the lawyer should know?
Customer: Yes, I was recently sick, the inital job they sent me to train for I can not do as I am scheduled for more surgery, I was given an accommodation approval because of extensive standing and pushing/pulling. I feel the supervisor is angry about this, and rather than leave me to the job I have been doing 13 years, still there, only a title change that does not bother me she put me in a position I know nothing about, probably to train for a few weeks and leave me alone to have something to write me up about.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately, without a contract of employment that guarantees a specific job and terms of your employment, your employment can be altered at any time. This is called "at will" employment and it means that we have no actual rights to our position, to a specific shift or specific job duties. We can be removed at any time.

Now, you can certainly argue that this treatment is retaliation for your having used an accommodation for medical purposes, but you have to be able to prove that. The employer doesn't have to prove they had a good reason for the move, you bear the burden of proof here.

Furthermore, if the employer can justify the move in some way relating to business needs, you'd lose the case. On the facts you have now, I don't think you have enough to frame a case. However, you have sufficient reason (if you wish) to file a complaint with the EEOC, a government agency that is tasked with investigating these sorts of claims and finding the evidence that you presently lack.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.