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nyclawyer
nyclawyer, Attorney
Category: California Employment Law
Satisfied Customers: 56045
Experience:  Experienced lawyer helping employers and employees reach solutions and litigate disputes.
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It's a little strange. I am a Manager and work for Ashford

Customer Question

It's a little strange. I am a Manager and work for Ashford University. We are not replacing anyone so eventually there will not be enough employees to manage. It was hinted that if we wanted to step down, we should. I have a disability that has been given me problems for a while so I decided this was a good time to step down. I shared this info with my manager who thought it was great but wasn't sure how the pay works. I make about 73,000 per year was told they may need to reduce my pay. At first she was thinking it might be 70,000 but the overtime would allow me to hit my 73...then she came back and said they had decided "maybe" 65...she finally came to me and said they decided on 62.500. I decided to stay with my position and salary...HOWEVER, again I recently I once again went out on medical leave until March as the stress has contributed to me getting sicker. I really dont want to stay in the position because of being ill so much but I am 61 and have had a hard time finding something else in my salary range. I would prefer to be on the phones (much less stress) and keep my job rather than possibly losing the job or being forced to step down at the 62.500...I'm not sure if I have any rights at all. Do I? Thank you for your time. Oh and on another note, other managers have stepped down due to lack of experience and have shared that they were able to keep their salaries. This is coming from their mouth, I have not seen anything.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: San Diego, Ca
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 3 months ago.
Category: California Employment Law
Expert:  Legal Eagle replied 3 months ago.

Hello! My name is ***** ***** I am an attorney with Just Answer. I'd love to be able to help you with your issue here. I have worked in the for-profit education industry in the past so I can understand your predicament specifically.

Expert:  Legal Eagle replied 3 months ago.

Ok, so I think I may have an answer for you in your particular situation, but it depends on a couple of factors...

Expert:  Legal Eagle replied 3 months ago.

You've probably heard of the Family Medical Leave Act. Usually, people who are pregnant or very ill usually have to invoke FMLA because sometimes employers will try to replace them.

But here is the general rule regarding it: If you are faced with a health condition that causes you to miss work, whether it is because of your own serious health condition or to care for a family member with a serious health condition, you may be able to take up to 12 weeks of job-protected time off under the FMLA.

Expert:  Legal Eagle replied 3 months ago.

As long as you are able to return to work before you exhaust your FMLA leave, you must be returned to the same job (or one nearly identical to it). This job protection is intended to reduce the stress that you may otherwise feel if forced to choose between work and family during a serious medical situation. Time off under the FMLA may not be held against you in employment actions such as hiring, promotions or discipline.

Expert:  Legal Eagle replied 3 months ago.

If an emoployer violates FMLA, such as reducing wages, here are some of the penalties that could be assessed against them:

  • Back pay: Wages, salary or fringe benefits the employee should have earned
  • Actual monetary losses sustained: Money lost by the employee (other than wages) as a result of the FMLA violation—can be equal to up to 12 weeks’ wages
  • Liquidated damages: Back pay and actual monetary losses sustained, plus interest—typically only awarded if the employer’s FMLA violation was found to be intentional
Expert:  Legal Eagle replied 3 months ago.

Also, if you have a documented disability, Ashford is prevented from discriminating against you because of it. So, for example, if your doctor has diagnosed you with anxiety, depression, or some physical handicap, and they still decide to reduce your pay, then you may have a claim that they are discriminating against you.

Expert:  Legal Eagle replied 3 months ago.

You would have to work with the agencies that manage these programs such as the Department of Labor, but it is possible that you may be able to avoid having your pay cut now and later.

Expert:  Legal Eagle replied 3 months ago.

Also, under Section 504, it is possible that you may be able to qualify for reasonable accommodations under Section 504 of the Rehabilitation Act of 1973. What this means is that whether they cut your pay, you could stay on the phones and have other accommodations (such as a bigger computer monitor for example) to make your job a bit easier.

Expert:  Legal Eagle replied 3 months ago.

Hi, I know it's been a few days, but I was wondering if you had any follow up questions:-)

Expert:  Legal Eagle replied 3 months ago.

Hi, I was hoping that you were satisfied with your service and wanted to follow up to see if you had any additional questions:-)

Expert:  nyclawyer replied 3 months ago.
I can suggest some ideas for preparing and pursuing your case. would you like that information?

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