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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20025
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I verbally requested a Leave of Absence. It was verbally

Customer Question

I verbally requested a Leave of Absence. It was verbally approved. Today i was told when i return to work it may be in a lesser position. From General Manager to Co-Manager. I was asked if i wanted to remain as GM and I said yes.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information, can you please tell me what your legal question is? Also, did your employer tell you why they would be making the change and is there any reason to believe it is for some other reason? Can you tell me why you are taking leave (in general) and would that reason qualify for FMLA?

Customer: replied 1 year ago.
My question would be is it legal for them to demote me. Having marital issues and having to move short notice.
Customer: replied 1 year ago.
I think the motivation for them would be because its easier to replace me than it is to have someone cover for me
Expert:  Marsha411JD replied 1 year ago.

Hello again and thank you for your reply. Unless the employer is violating a contract by doing so or is targeting you only because you are a member of a protected class under employment discrimination laws, they would have the right to make any changes in your employment status they deem appropriate. Missouri, like most states, is an employment "at will" state, which not only allows employers to make changes in the terms and conditions of employment as they wish, but also to terminate at will for any, or no, reason.

There are certain circumstances, in addition to what I mentioned above, where it would be unlawful. For example if someone qualified for FMLA and took time off under the Act. That Act protects job rights. However, if an employee takes a leave of absence for personal reasons, there is no job protection, other than what I mentioned above.

Please feel free to ask follow up questions if you have them. If not, if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 2nd. For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site useworks best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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