I'm a waitress at a diner in New Jersey.I recently fell n hurt my back while I was home.missed a day's work with a doctor's note, went back to the doctors the next day n was released to go back to work on my next scheduled day.. took my note to work n was told that I was off the schedile for the weekend n to get another doctor's note. Went back the 3rd time to the doctors and got a release to work full time no limations, n brought it to my employer, only to hear that I was off the schedule for the following week, n to call next to see if I would b back on. Can my employer keep me off the schedule while my doctor's note says I can go back to work full duties. What are my rights? Are they breaking any legal laws?

No, no one is breaking any laws. It's employment at will (unless you have a contract or belong to a Union). Apparently the schedule is made in advance, there were concerns whether you could work, someone else was given your hours.

Unfortunately, if the restaurant wants to let you go, it can - for no reason.

Nope... I've never heard of a waitresses union.. and I've never heard of a waitress with an iron clad employment contract, so you are an AT-WILL employee... and they had to schedule someone else during your absence, THey obviously won't schedule you again until they know you are going to be there. And its not fair to schedule someone else... and take it away from them because you felt like returning. The food service industry is run at such small profit margins they don't want more people than needed working a given day.

They don't even have to take you back... but if you are good they usually will because its to their advantage.

So basically being a server you don't have any rights when it comes down to getting sick.. the funny part is that my employer always has an extra girl or two on, so their always sending someone home.I just can't understand when you get a note to go back to work their basically second guessing your doctor..

You don't have any rights being a Bank Teller, a salesman , most Managers or most other jobs either.

That's how it is... want a fastrack out the door... cause problems. Trust me, they will send you packing in a heartbeat. Its not hard to find someone else.

That's just how it is for MOST people in the country. Not just servers.

Its because THEY make the schedules... not you, not the doctor... THEY are the ones in charge. That's just how it is... I worked in a restaurant when I was in College... 32 years ago... nothings changed except the wages. Everything is at their will, count your blessings if they let you have any choice in your schedules before now. And its really not any different for most of the workforce.

You do earn a degree of security (if you want to call it that) in jobs requireing a specific knowledge and skill set that's not common.. or easily learned... but a server is easily replaced, more easily than say... a Bank Mortgage loan Officer is. But both are still At-Will.

The exceptions are those with very good employment contracts, or in a Union... but even then, you can get fired for minor things. Tick off the management... and they WILL find a way to get rid of you. I've seen a few get fired... and I got my job because someone that had it previously was fired. And I AM in a Union.

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Originally Posted by lmmarghilano

So basicly being a server u dont have any rights when it comes down to getting sick..the funny part is that my employer always has an extra girl or two on, so their always sending someone home.i just can't understand when u get a note to go back to work their basicly second guessing ur doctor..

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Sure, you can have rights. Join a Union.

Otherwise - servers have the same rights when it comes to being sick as the rest of us. Get sick, find somebody else doing your job.

If you don't agree with the policy, tell them. We can't help you. We told you the law, and we aren't your bosses.

(I "served" my way through College - in a costume. I had no more job protection than you have BUT if I gained 2 pounds I was out. Yes, I know how it works.)

They can just take you off the schedule even if you did nothing wrong. Have you actually went in and asked the owner why?