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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37871
Experience:  Retired (mostly)
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I was off when I announced that I needed shoulder surgery.

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I was laid off when I announced that I needed shoulder surgery. Then after that I was told that my position was eliminated and I had to start at the bottom and work my way back up again..When in fact my position was taken by two individuals with a lower union status than myself..Can you help me ??

Did you use Family and Medical Leave Act (FMLA) benefits to protect your job, during your surgery and recovery time?

Customer: replied 3 years ago.

I went on UEI,then disability after surgery..

Okay, thanks.

It's impossible for me to be absolutely definitive here, because your collective bargaining agreement (union contract) may provide additional rights to those provided by federal law.

In general, an employee is entitled to up to 12 weeks of Family and Medical Leave Act/California Family Rights Act (FMLA/CFRA) job protection in connection with any serious injury or illiness requiring time off from work. The problem is that the employee must express request the benefits before the employer is required to provide the job protection.

Assuming that within your paperwork or your union contract, there is a referernce to the FMLA/CFRA, and your request was implied (or you did expressly request job protection), then the employer's change of your job to a different one on anything other than a temporary basis would be illegal -- and, you could file a complaint with the California Department of Fair Employment and Housing, or with the U.S. Department of Labor.

In my opinion, you have nothing to lose by filing a complaint with either of the above agencies. If it is discovered that you were not provided with notice of your rights, or that you did request leave benefits and you were discriminated against upon your return to work, then you would have the right to force reinstatement to your former position.

If you need a link to the appropriate agency to file your complaint, let me know and I will be happy to provide.

Please let me know if my answer is helpful or if I can provide further clarification or assistance.

And, thanks for using!
Customer: replied 3 years ago.

Thank you..That was helpful..They just sent me home when I told them I would be needing shoulder surgery..I was'nt even scheduled for surgery yet..They never informed me of any rights at all..So here I sit 10 months later waiting on UEI benefits again..

Failure to notify you of your rights, may be key to obtaining relief in your circumstances. An investigation will be necessary, and you can expect that everyone in the crosshairs will probably lie about the situation to protect themselves.

I'm sorry for your difficulties. Best of luck with everything.
socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Yeah they will lie..but they do have outstanding complaints as far as I know. Also there is'nt anything on paper concerning my situation..

Here is a link to the DFEH, and to the U.S. DOL.

Best wishes.
Customer: replied 3 years ago.

Thanks again

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