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I have worked as a security guard for 7 years. For the last year and a half I have been on workmans comp. I went back to work for the same company the week of christmas 2009. They put me on a post that paid $1.25 less then what I was making before I got hurt. In June I started getting sick because of one of my meds. I was out sick 2 to 3 days a week. On July 6th. I was able to return to work. Per Doctors orders. I got a phone call from the HR manager telling me they had removed me from the post I worked for about 4 mo. this was on July 6. I have called them 3 or 4 times but they still do not have a post for me. Is there anything I can do?
Location: United StatesOptional Information: State/Country of Question: Tennessee Already Tried: I have called them 2 or 3 times.
Under the Family and Medical Leave Act, your job and action against your job when you return (such as the reduction in pay) is protected only for 12 weeks unless you had a written contract to the contrary. Thus, the employer can return you to work at a lower pay after the 12 weeks and I am afraid you will not have much recourse. If they have not put you back to work, then you have the right to claim unemployment and state this is either lack of work or a constructive discharge, but you would be entitled to benefits.
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