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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 12013
Experience:  JD, MBA
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Hey JA: . What is your issue regarding? Customer: I was on

Customer Question

Hey
JA: Hello. What is your issue regarding?
Customer: I was on Fmla for 37 days..Now that I have returned, I have a new director and they have decided to demote me
JA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Not yet
JA: Please give me a bit more information, so we can help you best.
Customer: March 8th I received my performance review by my manager who had only been in the position for 5 months. She didn't like me and decided to write bad things on my review. In addition to that I had start having some health issues so I decided to take some time off. I contacted my previous boss and explain everything that happened and he advised me to contact HR. I did so an HR advised me that they would look into the false claims on my performance review and and I have had them that my doctor has placed me on leave until further notice. I sent them the FMLA paperwork that was approved and was out for 37 days. I return back to work April 18th it was advised that I will then have a new manager. I met with my new manager last week and he advised me that I will no longer be the team lead and he will be taking over my duties and would like me to be a regular agent
JA: Got it. The Employment Lawyer will know how to help you. Is there anything else important you think the Employment Lawyer should know?
Customer: At this point I don't know what to do given the fact that I've never had a bad review outside of the one that my previous manager gave me
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Customer: I do feel like it's a form of retaliation because I was on leave due to health reasons
Submitted: 10 months ago.
Category: Employment Law
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  TJ, Esq. replied 10 months ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions. First, some background on the law: An employer is legally prohibited from taking negative action against an employee (such as a demotion) as retaliation for the employee using FMLA leave. But the employer may take negative action against the employee for other reasons, even if the employee is using FMLA leave. For example, your employer may demote you for perceived performance issues regardless of the fact that you used FMLA leave. Simply put, FMLA protects an employee from harassment for using the leave, but it doesn't protect the employee from anything else. Accordingly, employees can be demoted or even fired while on FMLA leave so long as the reason doesn't have anything to do with taking FMLA leave. So, in your situation, you'd need to somehow tie the demotion to the fact that you used FMLA leave. That may be difficult since you received a poor performance review before you used FMLA leave. Still, if you believe there is evidence of retaliation for using FMLA leave, then you may file a complaint and/or sue. To file a complaint, see this site: https://www.dol.gov/WHD/workers.htm#complaint To sue, I strongly urge you to retain a local attorney, since this wouldn't be a small claims type of case that you can easily handle on your own. Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
Expert:  TJ, Esq. replied 10 months ago.
Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!
Expert:  TJ, Esq. replied 10 months ago.
Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!