What can I do if I had unexpected emergency surgery so my employer hired a fill in but now I’ve been released to return to work, however I’m not on the schedule?

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What can I do if I had unexpected emergency surgery so my employer hired a fill in but now I’ve been released to return to work, however I’m not on the schedule?

I got off work on a Friday night. When I got home I had bad stomach pain. After about 12 hours of pain severe, I went to the ER and found out it was appendicitis. That hospital transported me by ambulance to another hospital for an emergency appendectomy. My wife informed my place of employment of what was happening. After surgery, I was released some 8 hours later and told by doctor that I could go back to work in about 3 days if I felt like I could. My doctor gave me a release form to give employer. Well, it’s been 3 weeks and 4 days and I still am not on schedule. What can be done?

Asked on October 14, 2017 under Employment Labor Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless you are guaranteed certain hours under the terms of a written employment contract or union agreement, then you have no claim here. The fact is that most work relationsghips are "at will". This means that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). Accordingly and unfrotunately, eyou have no legal right to be put back on the schdule.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless you are guaranteed certain hours under the terms of a written employment contract or union agreement, then you have no claim here. The fact is that most work relationsghips are "at will". This means that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). Accordingly and unfrotunately, eyou have no legal right to be put back on the schdule.


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