If my doctor took me out of work fora week due to job related stress, can my job be posted online a few days after?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my doctor took me out of work fora week due to job related stress, can my job be posted online a few days after?
My employer posted my job on craigslist in RI a few days into my stress leave. It is not listed as a temp position; it is offering benefits. I need some legal advice.
Asked on April 11, 2011 under Employment Labor Law, Rhode Island
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Actually, your employer can do this. The fact is that sick time (or vacation or PTO) is a benefit that an employer in its discretion may or may not provide. And even if it does, it can regulate just how and when it is to be used. Unless you have a union agreement, employment contractor, or stated company policy to the contrary, this action is legal (exception - this decision was made based on some form of employment discrimination). In most states, including RI, employment relationships are "at will". Accordingly, an employer can hire/fire someone for any reason or no reason at all; as well has increase/decrease salary/hours, promote/demote, and generally impose requirements as it sees fit. In turn, someone can work for an employer or not. It's their choice.
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 AttorneyPages.com 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.