Legal Question in Employment Law in Georgia

Can you be forced to give up your supervisory position because you can not affor

I have been working in the retail industry for over nine years, and I am the most senior of three stock supervisors. Since the birth of my son in October 2002, I have been treated like it is a burden to my job. Recently, my store manager told me I either had to be at work earlier than 10am, or relinquish my position. Since I can not afford daycare for my son, I have to depend on my family to watch him while I work. I have been working atleast 30hours a week since I have returned from maternity leave in order to maintain my benefits. Now I have even been getting scheduled less than 30 hours and being forced to use my accrued paid-time-off to supplement the missing hours from my schedule to reach 30 hours. Can my manager do this? It does not seem fair. There is more to it than this, but this is the simple version. Please help me out. I am getting extremely frustrated that he can do this to me.

Thanks!


Asked on 1/15/04, 8:03 am

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Can you be forced to give up your supervisory position because you can not a

There is no easy answer to your question. The employer is not obligated to make special work schedule allowances because of child rearing responsibilities or economic limitations on your ability to afford day care. And, there is no law applicable in Georgia that prohibits discrimination against an employee based on child rearing responsibilities. However, there are laws prohibiting discrimination based on gender. If the reduction of your hours could be shown as being based on your status as a mother (versus how fathers are treated) it could form the basis of a discrimination action. But, discrimination actions against one's current employer often prove to be self-defeating. Let me suggest that you e-mail me with the "long version" of the facts, or call me at (770) 534-1057 for a free initial consultation. But, my initial impression based on the small amount of information you provided is that it is not real likely you have effective legal recourse here.

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Answered on 1/15/04, 12:10 pm


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