Hourly to Salary to Hourly/Medical Discrimination

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kharkovusa

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Working in Virginia. Employer interviewed me and hired me in '04 at an agreed upon hourly wage. Two weeks later on my first day of employment, employer said he cannot afford to pay me the agreed upon hourly rate. His solution was for salary @ 50 hours. Having just left a previous job, I felt I had to negotiate salary to 45 hours. It was either take the salary position or begin once again to find another job. My profession is hard to find employment. So, I took it.
In '06 had blood clot in (l) leg. Returned to work full time (salary 45 hours)with temporary lifting, carrying, etc. weight limitation of 5 lbs. No problems from employer with my return. Very happy I was back!
On April 1, 2008, blood clot(s) in (r) leg. After receiving physician release for me to work full time on April 28, 2008 (stipulated max 8 hrs a day/40 hours a week), I was told that my schedule is changing permanently to part-time (max 25 hr wk) with salary reflecting that of part-time employee. Their reasoning, "afraid" that I would have a stroke on the job just like a previous employee had in '04. No mention of performance issues, just worried about me having a stroke. Employer never spoke with me in regards to the salary reduction. After trying to work out more hours, had to quit on 5/16/08 because of financial and emotional distress.
Is this hourly to salary to part-time hourly wage change legal?
Isn't the fear of having stroke equal to medical discrimination because it is not a condition I have? Kind of like, we think you are going to get cancer in 2009, so we better start planning on it by reducing your hours.... I AM NOT DISABLED yet they were treating me that way.
 
It is not illegal, per se, to change from hourly to salary or vice versa. However, only certain jobs can legally be paid on a straight salaried basis. So before we go any further into your somewhat complicated question (because there may be a simple answer) can you tell me, in detail, exactly what you do on a regular, day to day basis? The more detail, the better.

Then we can dig deeper into your question. I think you have a valid claim but it's not the one you think you do.
 
I am a Virginia Licensed Optician dealing directly with the Optometrist(s) as well as manufacturing, dispensing, selling, and repairing of eyewear. In regards to a posted "schedule" (my position), I know when to start, however, when the work day ends is left open for the manager to decide when I can leave.
 
I would say that you can be considered exempt and therefore you can be paid on straight salary. (The fact that you do not have control of when you come and go does not have a role in determining exempt status.) Reducing salary is not per se illegal, and in any case you are beyond the time limit for filing any sort of wage claim for something that occurred in 2004.

But I'm not very happy about your employer's decision to reduce you to 25 hours because of something that might happen. The wage reduction is questionable ethically under the circumstances but not legally wrong; after all, you shouldn't expect to get full time salary for part time work. But I think you could make a case that you are being "perceived" as disabled, and that as a result you suffered an adverse action in violation of the ADA.

A consultation with an employment law attorney or a query of the EEOC would not be amiss.
 
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