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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I am returning to work after 12 weeks on FMLA to care for my

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I am returning to work after 12 weeks on FMLA to care for my ailing spouse. On return I discover my company is reorganizing and they are planning to put me into a substantially different role - signficiantly junior to the one I had before going on leave. The new role is not one I would aspire to and is a serious demotion. For me it is not with merit and feels like retaliation for being away from work for 12 weeks. My question is regarding the law and if there is recourse that I have to this? Your advice would be highly valued,

Concerned employee
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

After you return from FMLA leave, your employer is required to return you to the same or similar position that you had before you took your leave, unless due to economic reasons, your employer is forced to place you in a lesser situation.

From your statements, it seems that your employer is discriminating against you on the basis of taking FMLA leave.

I suggest that you file a complaint with the EEOC regarding retaliation for your use of protected FMLA leave.

You can file a complaint with the EEOC using the instructions available online here:

The EEOC will investigate your complaint on your behalf and either file suit on your behalf or issue you a right to sue letter so you can pursue your claim against your employer through a private attorney.
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