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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 110470
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I'm on FMLA due to return to work on the 12th. The company

Customer Question

I'm on FMLA due to return to work on the 12th. The company lost a contract that I was supervising over so some employees quit, found other jobs, as a few took unemployment. I'm considered staff so all staff was transferred to different location. However those who got transferred received a raise, I'm offered a transfer but only because I had to go and ask what was going to happen with me, so I'm offered unemployment or a transfer with a pay cut because of my high pay. Is this legal?
Submitted: 6 months ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If all of the other supervisors received a new assignment and raise, they cannot treat you any differently because you were out on FMLA. So, you would have to prove that you are being offered a different deal because you were out on FMLA and in that event you can file a complaint with the US Department of Labor, since they handle FMLA complaints. You could also sue the employer for discrimination against you for treating you differently because you were under FMLA.
Customer: replied 6 months ago.
I was told because the managers are salary paid they can't get laid off easily, and the staff that was transferred elsewhere did NOT make a lot of money where they were placed pays more for their position that's why they got a raise. I was told I make more than what the position pays so I would have to take a pay cut if I transfer elsewhere.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
The employer must treat a returning employee from FMLA the same as every other employee. That is all you are entitled to. So when you return to work from FMLA, you must come back to the same or similar position at the same or more money and you must be treated the same as the other employees.

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