I was initially supposed to be out 2-3 weeks but due to complications after surgery have been out 15 weeks. I am due to have another surgery within the next 2 months and will be out 2-4 weeks, they are aware of this.
Can they legally change my role/responsibilities and compensation? If so, can I quit and receive UI?
A posting for my same job has been active on their site since my 3rd week out (they were looking to expand, not replace me) and remains unfilled.
As as side note, the last 3 people they fired (all for performance) are the same exact minority as me. My employer has 22 full time employees.
Your post raises several legal issues and it would be advisable for you to consult with an employment attorney to discuss your legal rights. More information would be needed to analyze whether your employer has violated the law by changing your duties. It is possible that such a decision would be illegal disability discrimination, but it is also possible that there is a legitimate non-discriminatory reason for the action. Whether you can quit and receive unemployment insurance also depends on the changes that they make. In order to quit and receive unemployment insurance you would generally have to establish "Good cause" and this would require you to prove that the terms and conditions of employment changed so much that it was reasonable for you to quit. More information would also be needed to analyze your claim of race/national origin discrimination.
The information contained herein is provided solely for informational purposes, and should not be construed as legal advice on any subject matter. Any information contained herein is not intended to be a substitute for legal counsel on any subject matter.
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