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Being forced out

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Mardew

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

I have worked at this place for 6 1/2 years. I have got employee of the month a few times along with other things on that line.

I have had back problems since my mid teens. It was never an issue tell around a year and a half ago i had to go to the doctor. To find out what was wrong and that its going to be a problem for the rest of my life. My employer knows this has been like this because i have been on FMLA since then. My employer aloud this that way on the really bad days i wouldn't have to call in sick. I could use the FMLA then.

Well its a year and a half later and for some reason my back is a problem. I was called into the managers office to talk about my productivity. (Keep in mind that my productivity hasn't changed from when i had gotten employee of the month.) He tells me that my numbers are way below average. At this point i asked how, im not doing anything different. He pointed out a few days where yeah my numbers were bad, but this was do to my back and when it hurts i can do my job just not at 100%. The conversation ended after that.

So today when i come in he calls me into his office again and tells me that they are going to move me to a different department to see if that helps my back. And tomorrow he wants to know which i liked best and i can move there for good, but in doing so i would have to take a pay cut (just over $2.00/hour). Or i can stay in my current position and most likely be let go for lake of productivity. Which might be a good chance if i change departments anyhow.

I guess my question is; IS that fair for them to make accommodations and force a pay cut after knowing about my back after a year and a half? And if its not is there anything i can do?

I guess im just looking for some advice also...

Thanks in advance
 


ecmst12

Senior Member
If you've been approved for intermittent FMLA, you can't be disciplined for using it as long as you don't run out of time. However that doesn't mean you can use your medical condition as an excuse for poor performance when you ARE at work. They are allowed to expect the same from you as from anyone else. If you don't feel you are able to do your job at 100%, then you should stay home!
 

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