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wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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My boss wants to demote me from me assistant manager position

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My boss wants to demote me from me assistant manager position because I leave early a couple days a week due to my chronic abdominal pain that I'm on intermittent FMLA for. Can he do that?

wallstreetfighter : Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
wallstreetfighter : This is an unfortunate situation,
wallstreetfighter : if your employer is retaliating against you for taking FMLA, and that is the reason for the demotion, you are protected by the Federal law.
wallstreetfighter : Under the FMLA rules, an employer cannot retaliate against any employee who has taken FMLA.
wallstreetfighter : U.S. Department of Labor (DOL)ESA Wage & Hour DivisionSalt Lake City District Office10 East South Temple, Suite 1680Salt Lake City, UT 84133Phone:(NNN) NNN-NNNNax:(NNN) NNN-NNNN/span>
wallstreetfighter : You can file a complaint with the DOL,
wallstreetfighter : and even consider hiring an employment attorney about a possible lawsuit.
<span class="JA_chatAuthorName"Customer: He said that I have excellent work ethics except for when I am ill. I'm in constant pain 24/7 and just because I leave maybe 4-5 hours out of my 40 hour work week that I am not doing my job. Just because I'm in pain he wants to get rid of me. I transferred to this store from another and had no problems at my other one. He said he would have never taken me if he knew about this "problem." I don't know what to do.
wallstreetfighter : You should advise him that you are on FMLA, and that any demotion is against the law,
wallstreetfighter : you can file a complaint with the DOL as well, and they should stop him from doing this.
wallstreetfighter : Another option is that if you have a disability, under the ADA, which is the americans with disabilities act, an employer cannot discriminate against you, and must create a job for you to do.
Customer: I'm really scared about losing my job. I work really hard for what I have and I hide my pain from most people because I don't want them to treat me differently. At least I know that I have options now. Thanks.
wallstreetfighter : You have legal protections,
wallstreetfighter : and they cannot do this if you are on FMLA.
wallstreetfighter : Send a letter to hr, and the manager about your rights, and they should try to settle with you
Customer: Okay, thank you so much!
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