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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I have been on FMLA intermittent leave years due to my

Customer Question

I have been on FMLA intermittent leave for several years due to my husband having the degenerative and terminal condition of ALS or Lou Gehreig's. At the beginning I was a junior manager of SFL who opened and closed the store by myself. When it became apparent I could no longer open and close the store I was offered a lower position at less pay with the hours I could work. Now in the last month it has evolved into only 14 hours per week! I feel the company is unlawfully discouraging the use of my FMLA and bring financial hardship upon us.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

I am sorry to hear that you are in this situation. How exactly can I help?

Customer: replied 1 year ago.
Can you recommend what I should do next? Keep communicating with US Dept of Labor in hope they will take my case and solve my problem?
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

A few questions first if I may. How long have you been employed at a lower position before the employer began to cut back on hours? Are you the only one who is being cut in hours in this way? Are you a specialized employee as far as skills and position?

Customer: replied 1 year ago.
I have been employed at the lower position for 2-3 years now. Other employees may have 5 or less hours added or deleted from their schedules as the normal order of business. I am the only one cut below 30 hours required for health benefits. My current position is cashier even though I do posses special skills and am the most senior employee outside of management at my store. I will be employed 8 years on 10/30/2015.
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

That does sound potentially retaliatory especially since your position can arguably be modified around business hours. Going to the Dept of Labor is a good first step, so is going to HR. But if that still won't help, the next step is contacting the EEOC and arguing that this demotion and cut in hours is retaliatory and is in violation of the A.D.A. since you are being adversely affected due to the FMLA obligations on you because of your spouse's condition. Before going to the EEOC you need to show you attempted best efforts to get it resolved, so going to HR is prudent. But if that won't help, the EEOC is your next step.

Sincerely,

Dimitry, Esq.

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