I have recovered fairly well from my treatment and am certainly capable of working a five day week. I have worked as a waitress for a small family owned restaurant for 16 years. At the time of my illness, it was implied that I would come back to work, and my employer would find temporary fill-ins. I was out for 7 months, extra time needed due to my fathers terminal illness(which required caregiving)and his subsequent death. I went back to work in September. Not only did I NOT get my hours back, I found out my boss is actively discouraging my co-workers from giving me any of their shifts if they need a day off. I work 2 days a week now. I was working 5-6 pre-diagnosis. I feel as if what my boss is doing is trying to push me out of my job with out actually firing me. Anyone have any thoughts on the legalities of this?

You've probably spoken with your 'boss,' right? Kill'em with kindness if nothing else works... beg and plead for more time. If you've been with the family for 16 years surely there's an established relationship where you can communicate clearly. Legal concerns... I've no idea. Take all the work you can get and prove your mettle. Best of luck. Don't give up.

Family Medical Leave Act

http://www.dol.gov/esa/regs/compliance/posters/pdf/fmlaenbw.pdf

My boss has known since November that I am capable of full time work and in need of more hours. I have worked there longer than anybody, and have great relationship with their customers. It has recently come to light that my boss is actively discouraging the other waitresses to ask me to work their shifts when they need a day off, and telling them if they need a day off they should call "Sue". I also know for a fact that "Sue" does not want these extra hours. I have my health insurance through these people, otherwise I would bite the bullet and move on(I am anticipating another surgery in the next couple months). I feel as though this is a slap in the face, as I have been nothing but a good employee for 15 years--never sick, never taking vacations until this illness. Is she discriminating against me because I had cancer? Because I had HPV? Due to health insurance issues and possible upcoming surgery, it'll be a little hard to get another waitressing gig right now.
Kevin--thanks for the link. Not sure this applies to where I work, as there are less than 15 employees
Thanks for letting me rant.

I think I would talk to some of the customers or even all of them that I knew. Get them to ask why you aren't there as much and they liked the way you waited on them and were always polite. Maybe a little outside input would be a big help for you in this. Maybe some could threaten to take their business else where. just a thought

Girlcat,

That labor law won't apply to a small restaurant so basically he can find any reason to fire you or decrease your shifts until you just quit. The only difference to him is if he fires you, without cause, then you are going to be chargeable against his unemployment account with the state and it MAY affect his future unemployment compensation rates. If you quit then chances are really with him that his account won't be affected ever. May not seem fair under these circumstances but there are no laws to discourage these practices. Trying to retaliate definitely won't improve your chances either. I would encourage a calm, non confrontational discussion.

Girlcat, That is just awful. I am so sorry that's happening to you. You are absolutely right to think that after that many years of being a loyal employee, and going through everything you have gone through in your cancer battle, you deserve much MUCH better treatment. I have no useful suggestions, I am sure David is right about having a calm discussion, but I just want to let you know I can certainly see why you'd be pissed as hell.

Nelie

I really like Jim's and David's suggestions, and as difficult as it is to "bite the bullet" being "sweet" may get you further and even if it doesn't get you extra hours, at least you will have the insurance. If your customers can put in a good word and if Sue were to be "unavailable" to cover your hours, it may help change things in your favor. . . if you were to express to your boss how much you "appreciate his kindness and patience" (even if it seems lacking), it may even make him feel a little guilty and get him to be a little sweeter with you. Girlcat - you certainly don't deserve all the stress of this completely unfair situation. Bottom line, you have to do what's best for You. I hope it works out to your advantage.

Thank you all for your replies. Most of my co-workers and many of my customers are BAFFLED by this, and a few are quite angry, some do not patronize the restaurant anymore, but most are unwilling at this point I think, to say anything. It is a bit embarrassing when the customers ask why I am not working full time again(they are assuming I am not well enough). For now, I guess my only option is to continue on two shifts a week until I know what upcoming health issues I will have this spring. I do need to think about my health insurance, which right now my employer is paying for. When the time comes for me to leave, I will certainly speak up and let them know how I feel, and how their customers felt about it. Very sweetly, of course. I am not known for my 'meanness'.

Sounds like you are on your way to taking are of a very difficult situation. Accepting a situation for what it is, is the first step in taking action. The "in between" stage is the most stressful but if you can accept it and not let it become part of any reflection on your own abilities or qualities, then it will be easier to take whatever action you feel best. It's just like with a diagnosis of cancer - it's horrible when you first hear it - but after the biopsy comes back, then you can take action. You've already come thru the big "C" and you're back "running" again. You will come thru this, too! As Eckhart Tolle mentions in his book "A New Earth" "this too, will pass".

I think that possibly since your employer is providing health insurance, that he is worried about his rates going up since you have had a major medical problem. Don't give into to this. If you are still eligible for the medical coverage with the shorter hours and he won't give you the hours you need, can you find work at another restarant or some other place to cover the addtitional hours you need? Sounds like he is being a prick to a long term employee.
Keep smiling, keep your insurance and don't give him any excuse to let you go.

Take care,
Eileen

Yes, I could find another part-time job, but with a surgery possibly hanging over my head it's a bad time to convince a new employer to take me on.
Yes, Ann Marie--'this too shall pass'.
I guess I am thinking people should be nice to me because I had the big "C". Bwahahahaha.

How about a temp agency? They can work around your surgery and your first job. Temp agencies can be very understanding, too, about your circumstances with your present job. And people should be nice to you because you are a nice person! But, you know sometimes there are people that are just no d*** good! You just have to try to not let them get to you.

Temp agancy is a good idea, but sadly----I have no job skills!!!
Just a good personality--which can take you far as a waitress, but not sure what else I can do with that!

I didn't realize you were facing the possibility of more surgery. Does your employer know that? Maybe he doesn't want to give you more hours now because he doesn't want to be left shorthanded if you need more surgery. Other than hours, is he treating you differently than before you had cancer? Maybe once your treatment plan settles down, he will be more willing to give you more time. Like I said, keep smiling, keep his customers happy and keep the insurance.

Take care,
Eileen

I'll say it again as a manager of people for almost my entire working life, you really need to try to sit down with him in a calm environment, say after hours or at least when the restaurant is closed, and just be open with him and basically just ask him all your questions and concerns in a non confrontational way. He didn't want you to work for him all these years for nothing so he might have a side worth hearing. Many managers make employee decisions out of ignorance and/or fears which is why letting him hear your side might be beneficial to the both of you.

Is it at all possible your employer decreased your work hours because he cares about not over-working you and that he really cares about your health? Also - I have to disagree with the "no job skills" part of your comment. It takes a lot of "people"skills (psychology, organization, responsibility) to be a waitress and remember who gets what and when, especially when most people tend to get a little grouchy when they are hungry! I worked for a temp agency for a while as a favor to my ex-daughter-in-law who was having trouble finding people. One of my jobs was to go to the airport, sit in a big room with about 12 other people, reading magazine/books, etc while waiting to be called up and have lotion spread on my hands while someone else took notes. A couple of the days I didn't get "called on" at all and just brought me a book to read and I got paid for the full day at $10/hr. There are lots of "people skill jobs" (receptionist, phone answering, delivery) and I'm sure a temp agency could list lots more.

Anne-Marie,
I agree that it is best to be open with your boss. The treatment you are experiencing is not consistant with the past relationship you have had. It may help for you to have a "rehearsal" conversation and go over several possible conversations and your reactions. Make a list of your concerns and what your answers would be to any of the issues raised in this forum.
My brother and his family are "secret shoppers." They pick what they will do when. This may be something you could do even if your boss ups your hours.
Paying for your success,
Malka

Thank you all for your empathy and thoughtful replies.
Anne-Marie---LOL the airport-hand lotion gig sounds pretty good!!
Malka--I like the secret shopper idea!

What transpired today at the restaurant was Mr. Boss pulled me and a co-worker aside wanting to know what our future intentions were with the restaurant. Were we moving on, or sticking around for a few more years?( almost everyone at the restaurant is a long-term employee) They had plans, and wanted to know who the could rely on. So of course, with the subject being broached I jumped in with "What are your intentions regarding me?" Mr. Boss got indignent that I should even have to ask, and I described what I thought was going on. He called Mrs. Boss over and we had a sit down and I expressed how I felt, and that yes, I was looking at other restaurants since I was only working 2 shifts. I feel as though we worked some things out and I can expect more shifts, they will work around my doctor appointments and are going to let the new girl go. I feel much better now after the airing out session, and Mrs. Boss realizes I know she was discouraging extra hours for me--she has changed her tune.

The 64 dollar question here is that he IS keeping you on, although reduced hours and paying your health benefits. You have a pre-existing condition and can "COBRA" out to about 36 months (and it can be expensive). Technically with only 2 shifts you are part time and not eligible for health insurance coverage in many states. If it were me I would tread very lightly here. There could be other factors that are beyond your control - maybe it awakened his own sense of mortality and it scares him. Scheduling shifts in restaurants is also a tough part of the business. You will have to prove yourself, lip service may not be enough.

It took several years before I felt like a true survivor and people treated me like one. Instead of endlessly asking me "How ARE you?".

I would be careful about alienating customers, or even talking about your cancer experience. Look at the things that you have and put less emphasis on the things you don't have. Restaurants are ALWAYS looking for waitstaff you can get a few shifts somewhere else if need be.

How does anybody know that you have HPV? The CDC states it is a sexually transmitted disease so what would the danger be to customers in a normal working environment?

I have HCV myself and it hasn't stopped any opportunities for me.

Wow! It's great your boss is keeping you on, paying the full-time health benefits even tho' you are only part time! Gary is right about the part-timers not getting health benefits - my state is one of them! I worked for several years as an instructor teaching French and Spanish at a university as a "part-time" person working FULL time with no benefits as did many of my colleagues. It wasn't until many people raised a little ruckus about it that the so-called "part-timers" working full time finally got health benefits! The operative word here (as Gary says) is "tread lightly". Being sweet helps, too. I'm glad things are going better for you.

Hi Gary----I have worked at this restaurant for 16 years, and have developed a close relationship with the customers. My diagnosis was very public, and everyone was following my treatment and kind of rooting for me. When you see someone almost everyday for 15 years and then they just disappear, you want to know what is going on. Some people wanted to know why I had this cancer, as they knew I was very health conscious and in very good shape. So I had no problem telling those who asked about the HPV link. Yes, I realize HPV is an STD, but people still get freaked out about stuff like that.
I live in Massachusetts where everyone now is required to have health insurance.

Also---I do have to give kudos to Mrs Boss who found a way to keep me on the books while I was out of work for 7 months in order to keep me on my health insurance. And kudos to the customers who were super-supportive. My employers, co-workers, and customers got together and arranged a benefit for me while I was out of work, and I think out of fairness I have to express my appreciation of that!

It has just been the past 4 months that have been baffling, and I needed to know where I should be headed---A new job or should I hang there? I think we worked a lot of things out.

I just came across your plight and wonder if Mass laws are simular to Wisconsin. If you are "able & available " for work, and your employer refuses to put you back on full time, you can STILL file for AND collect unemployment. To be clear... You can collect unemployment when your hours are cut.. you get a "partial" UC check. (It's the fastest way to get them to give you your hours back!)

Filing a UC claim in Fl won't pressure the employer to hire you back even if you are deemed 100% chargeable against that one employer because their rates won't be negatively affected that much. It takes a lot of claims, all chargeable against a single employer before their rates changes and since it only applies to the first $7000 annually of each covered employee, you're not dealing with a lot of tax money.