If my doctor took me out of work fora week due to job related stress, can my job be posted online a few days after?

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If my doctor took me out of work fora week due to job related stress, can my job be posted online a few days after?

My employer posted my job on craigslist in RI a few days into my stress leave. It is not listed as a temp position; it is offering benefits. I need some legal advice.

Asked on April 11, 2011 under Employment Labor Law, Rhode Island

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Actually, your employer can do this.  The fact is that sick time (or vacation or PTO) is a benefit that an employer in its discretion may or may not provide. And even if it does, it can regulate just how and when it is to be used.  Unless you have a union agreement, employment contractor, or stated company policy to the contrary, this action is legal (exception - this decision was made based on some form of employment discrimination).  In most states, including RI, employment relationships are "at will".  Accordingly, an employer can hire/fire someone for any reason or no reason at all; as well has increase/decrease salary/hours, promote/demote, and generally impose requirements as it sees fit.  In turn, someone can work for an employer or not.  It's their choice. 


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