Job Security?

A friend of mine has a bad back. Its more than a bad back its like a twisted spine and such like. Its a real problem.

Anyway, he works in a shop and at first they were ok with it. But now they've decided that hes making it up but they know they cant fire him due to the doctors note but pretty much said they'll get something from someplace to say they can cut his hours. To as little as one a week, to the effect of forcing him to quit.

Surely they cant do that its clear the reason they would be doing it so is the same as firing him.

Anyone know where he would stand on this?

Thanks

Reducing someone's hours so much that they are forced to quit is one example of "constructive discharge." However, if he works in a state that has at-will employment (which I think is almost all states), either the employer or employee can terminate employment for any reason. The exceptions to this are Title VII violations (sex, race, etc.), ADA violations (Americans with Disabilities), Workers Comp retaliation, or FMLA (Family Medical Leave Act). The other option is the the employment contract (Employee handbook in most cases) specifically covers this kind of situation and requires them to allow him to work.

From the question, his closest option would be ADA, WC or FMLA, but that is very fact specific and it doesn't sound like any of those are really going to be successful.

An employer can ameend an employee's contract in any way (as long as it is legal), providing that they give a 28 notice period of going to do so.

A contract is an agreement betwen an employee to work a certain amount of hours, and the employers paying the person to do so.

Even though he is covered by a sick paper, he is still not fullfilling the contract.

They still have a business to run.