out on medical job eliminated

I have worked as a manager at a tavern for a year and a half. In July I hurt my back and ended up in the emergency room. From there on I followed their diagnosis and treatment but didnt get better. In September I sought the advise of a nurosurgeon who discovered i had been misdiagnosed and began an oral steroid treatment pain medication and a prescription to stay off work until further notice.
In my job I have to be there i am responsible for a place that is open twenty hours a day seven days a week. So i ended up going back to work to soon.Within two weeks i was back at the nurosurgeon with even more pain.
I was then sent to their pain managment clinic where i underwent the spinal steroid injections. I was told up to 72 hours of increased back pressure with lay up flat on my back.
In all I was off from work for 5 days. When I returned to work I was told my job was eliminated and I would be required to take a $3 an hour pay cut but could remain doing all of my job except ordering time sheets the paper end of my job. I refused and gave my two week notice
I have since then discovered that my employeer is paying another employee to do a portion of my managers job. Money while he is on vacation covering absent employees etc. This is all going on while i am working out that notice. Can I file a suit against my employeer and I still cant find a job comprable to what i was earning and need to knowif i can recieve unemployment benefits while i continue my search. As I am due for more spinal injections in one week and will be laid up still.I will need some source of income to get me through until i can find something comprable in wage.

1 answer  |  asked Oct 18, 2002 08:03 AM [EST]  |  applies to Wisconsin

Answers (1)

John Uelmen

Did you hurt your back at work or someplace else? If it is a work-related injury you may have a claim that the employer unreasonably refused to rehire you after returning from a work-related injury under Wisconsin's Worker's Compensation Act. If it was not a work-related injury, you would not necessarily have a right to take leave for medical purposes unless your employer has 50 or more employees, in which case your right to take leave and your right to return to your former position would be protected by the Wisconsin and federal Family and Medical Leave Acts. Whether you are eligible for unemployment will depend upon what pecentage of your pay was cut when it was reduced by $3.00 per hour. Generally, if this reduced your pay by more than 33.3%, you would still be eligible for unemployment benefits, except that no benefits would be payable during the week of your termination and the following 4 weeks. See Wis. Stat. Sec. 108.04(7)(f).

posted by John Uelmen  |  Oct 18, 2002 09:19 AM [EST]

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