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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 2677
Experience:  associate attorney
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I returned from maternity leave. Employer offered me a 'same

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I returned from maternity leave. Employer offered me a 'same pay' position but position required complete different set of skillsets. I was told I couldn't return to original position prior to maternity leave because someone had been hired to take that position while I was on maternity. Furthermore, they told me that they wouldn't consider 2 people on the same 'old'desk. I resigned shortly afterwards. They hired a second person to assist my replacement after I resigned.
Submitted: 8 months ago.
Category: Employment Law
Customer: replied 8 months ago.
Furthermore, while I was on Fmla, employer contacted me go go in and train person that they hired. I went.
Expert:  Christopher B, Esq. replied 8 months ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. At the end of FMLA-protected leave, the employer must return the employee to the same position you left or a similar position with the same rights and responsibilities as the prior job. This would seem to be the case here. FMLA requires to you have 12 weeks off, if they required you to come in, then this would be a violation; but if you came in voluntarily then this would be permissable. Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.
Customer: replied 8 months ago.
do I have a case given that they put me in a position requiring different skillsets?
Expert:  Christopher B, Esq. replied 8 months ago.
It simply has to be a "similar position" with the same rights and responsibilities so even if the job had different skillsets it should be permissible as long as you did not lose any pay or benefits. It would be one thing if you were in an office job and got moved into construction. A similar job with different responsibilities like you describe should be fine.
Customer: replied 8 months ago.
I was in natural gas scheduling prior to leaving on Maternity. I was offered a position in fuel oils.
Customer: replied 8 months ago.
The lingo in desks is very different
Customer: replied 8 months ago.
I was in office environment like you said but the desks are not similar. They further told me I didn't have a career with them as a 'gas scheduler' though their offer letter clearly stated that's what I was hired for.
Expert:  Christopher B, Esq. replied 8 months ago.
If you wanted to file a suit based on this, it would be very difficult to win. What you describe seems to be a similar position. It does not have to be the exact position and the law allows for the employer to offer the position to someone else during your leave and to keep you in a similar position when you come back. I just think you will have a very difficult time trying to win an employment lawsuit based on the facts you have provided.
Expert:  Christopher B, Esq. replied 8 months ago.
If you do not have any further questions, positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.
Expert:  Christopher B, Esq. replied 8 months ago.
Just checking back in, do you have any further questions?

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