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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I have been a bank manager formTCB for 5 yrs and had a string

Customer Question

I have been a bank manager formTCB for 5 yrs and had a string of serious medical emergencies in the last 2yrs which had caused me to take time off from work. I had a medical emergency on 6-10-13 which the doctor stated I can go back to work but with no typing on 6-17-13 and my regional manager stated she needed to talk to me but would be in a meeting on 6-17-13 so told me to report to her offoce on 6-19-13 and when I met with her she stated that to protect the bank she needed me to move into a Sr. Banker role with a pay cut of 750.00 a month which would require more typing then a branch manager. She then contacted HR and was told that I needed a more specific note to return to work. I left and went to the doctor which told me he needed me to see a specialist before he can authorize me to type.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Joseph replied 3 years ago.
Hello and welcome to JustAnswer.

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

My goal is to provide you with excellent service this evening.

What question do you have regarding your situation?
Expert:  Joseph replied 3 years ago.
Hello Sharon,

Can you tell me if you're on a form of protected leave (like FMLA leave) or are you just on regular medical leave?
Customer: replied 3 years ago.


FMLA

Expert:  Joseph replied 3 years ago.
Hello Sharon,

Again, my goal is to provide you with excellent service today.

Since you are on FMLA leave, it is absolutely illegal for your employer to demote you upon your return to work. FMLA entitles you to job protection and you must be returned to the same or similar position prior to taking FMLA leave, including the same salary.

You should file a complaint with the EEOC against your employer for retaliation and discrimination due to your use of FMLA leave, which you can do so online here:

http://www.eeoc.gov/employees/charge.cfm

Additionally, your employer is not attempting to give you a reasonable accommodatiion so you can perform the essential functions of the job, so in addition to the FMLA complaint, you should also file a complaint for discrimination on the basis of disability in violation of the Americans with Disabilities Act.

Since my goal is to provide you with the best service, please do not hesitate to ask any follow up questions or request any additional information.

Thanks and best of luck!

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