Can they cut my hours at a restaurant if I was gone for 2 months because of surgery?

UPDATED: Aug 22, 2011

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Can they cut my hours at a restaurant if I was gone for 2 months because of surgery?

I have been working at this restaurant for 3 years. I have carpal tunnel in both my wrists and had to get surgery on both, so I was out for 2 months. Now I want to get back to workbut my manager is telling me all that they have available are night shifts. I won’t get my regular hours back. I basically have to start at the bottom again. They keep telling me once I have a doctor’s note saying that I can come back to work and, a specific date, then they can talk to me about what is available. Can they do this to me?

Asked on August 22, 2011 Wisconsin


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good afternoon,

Thanks for posting to our site. To get right to your question your employer is not required to hold onto the same shifts because when you are out they need to ensure all shifts are filled. They do not seem to have gotten rid of your job but simply changed your shifts.

If there is more to this than you were able to post or extenuating circumstances i would strongly urge you to at least consult with a local attorney, often the initial consult is free. Explain the entire situation and at that point together you can see if any potential issue exists. But based on the facts as presented they may be within their rights

good luck

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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