Q: Do I have a HR issue or what do I do? How do I approach this
I recently became sick which I have a note for, my boss now removed me from the schedule and says she will contact me when a shift becomes available. Is this right or wrong? Please help me. I’m so confused
A:
The answer to your question depends on facts that are not included in your post.
If the reason you have been removed from the schedule is unrelated to your taking medical leave, there is no unlawful conduct.
If you do not have any California paid sick leave accrued or available, and if the illness you experienced would not be considered a disabling condition under one of several laws that protect those with disabilities, then there is no unlawful conduct.
If you have accrued and available paid sick leave under the California paid sick leave law, and you can prove the removal from the schedule is in retaliation for requesting time off, then you may have a meritorious legal claim.
If your illness was something more than a transitory sickness, like a cold or the flu, and you work for an employer that employs at leave 5 employees you might have a legal claim. Other statutes will protect you if you work for an employer that employs 50 or more employees within 75 miles of your workplace.
It would be wise to see if this is a short term problem. If it lingers longer, it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
Brad S Kane agrees with this answer
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