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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 29098
Experience:  More than 30 years in legal practice.
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I was out on FMLA and returned to work last week to find

Customer Question

Hi. I was out on FMLA and returned to work last week to find out that my divison was consolidated and I was moved into a different role. My peer was given a promotion. I was asked to take on a different role (I am ok with the new role) however they are reducing my salary by $28K. Is this legal based on FMLA?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney. I will do whatever I can to provide an honest and accurate answer to your question.
I am sorry to hear of your dilemma.   I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
From the standpoint of FMLA, it is illegal for your employer to penalize you for taking or applying for FMLA. However, it is not illegal for an employer to take action independent of the FMLA, such as restructuring or RIF, even if it is coincidentally concurrent with FMLA, so long as the action does not violate the terms of a written employment contract or is based upon illegal discrimination.
So, if you can show the action taken against your employment was based upon your taking FMLA then you would have a claim for which you could be awarded damages.
I realize this is probably not the answer you were hoping to receive.  Also, please remember that this is not necessarily a moral judgement on my part.   As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Best regards.
Loren
Expert:  Loren replied 1 year ago.
Did you have any further questions? Have I answered your question?
Expert:  Loren replied 1 year ago.
Did you have further questions before you rate my service to you?

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