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Is it possible to be removed from a job position due to having

a noncureable medical condition after...
Is it possible to be removed from a job position due to having a noncureable medical condition after holding the job position for 3 years and missing time because of my medical condition using my FMLA days for this even though I have the 2nd highest in Senority in the department? Can they also reduce my pay scale because they have now moved me out of this position due to attendance because of my Medical issues? I live in Michigan. Thank You
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Answered in 35 minutes by:
3/2/2012
JBaxLaw
JBaxLaw, Attorney
Category: Business Law
Satisfied Customers: 11,396
Experience: Experienced in business formation and licensing issues
Verified

BizAttorney : Hello
BizAttorney : I will be assisting you.
BizAttorney : I see that you are facing a demotion and a reduction in pay after having used FMLA leave.
BizAttorney : Retaliation for using FMLA leave is not permissible under the law.
BizAttorney : An employee should face neither demotion nor reduction in pay because of using FMLA leave.
BizAttorney : There is recourse in such a situation.
BizAttorney : You may file a complaint with the US Department of Labor, Wage and Hour Division.
BizAttorney : I will provide you that contact information.
BizAttorney : One Second please.
BizAttorney : Here it is:
BizAttorney : http://www.dol.gov/whd/america2.htm#Map
BizAttorney : Please feel free to follow-up with me if you have any questions.
BizAttorney : Please be so kind to leave me a positive feedback rating, if you have a few seconds. You will be prompted for feedback after pressing the accept button. You can still continue to post follow-up questions even after the accept button is pressed.
BizAttorney : Thank you so much
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Customer reply replied 5 years ago
Th e company I work for said that they were terminating one of the positions on the particular shift that I woek decide to keep the other guy due to my attendance which is caused by my FMLA. Also, I have the second in senority for this position between all the operators thta due this job and would like what I need to do to go about getting my position back.
Customer reply replied 5 years ago
Th e company I work for said that they were terminating one of the positions on the particular shift that I woek decide to keep the other guy due to my attendance which is caused by my FMLA. Also, I have the second in senority for this position between all the operators thta due this job and would like what I need to do to go about getting my position back. The FMLA days were not taken all at one time either they were speratic threw the year does that matter as well?

You are referring intermittent use of FMLA leave. Such use provides the same protection against retaliation for the employee. An employer cannot treat such an employee adversely due to the use of FMLA leave. When that occurs, a complaint to the US Department of Labor, Wage and Hour Division can be utilized to address the situation. I provided that link above.

 

Please let me know if you have any other questions. I hope you will be so kind as to leave me a positive feedback rating after pressing the accept button.

 

Thank you again

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Customer reply replied 5 years ago
Does it matter that they had to eliminate one of the positions that I was doing and then gave it to the other employee with no missing time due to FMLA? They said it came from the corporate office to eliminate one of the material handlers on 3rd shift and that they reviewed the attendance between myself and the other operator and shown by attendance was the only thing making the decision for me losing the one job they terminated which was due to my FMLA days for my Diabetic needs. As the other guy didn't have this issue. Does that make a difference? Want to make sure that I have a Viable dispute to warrant a complaint over this issue?

Does it matter that they had to eliminate one of the positions that I was doing and then gave it to the other employee with no missing time due to FMLA?

 

No. This does not matter.

 

They said it came from the corporate office to eliminate one of the material handlers on 3rd shift and that they reviewed the attendance between myself and the other operator and shown by attendance was the only thing making the decision for me losing the one job they terminated which was due to my FMLA days for my Diabetic needs. As the other guy didn't have this issue. Does that make a difference?

 

This does not matter either. These issues do effect the answer.

 

Please be so kind to leave me a positive feedback rating, if you have a few seconds. You will be prompted for feedback after pressing the accept button. You can still continue to post follow-up questions even after the accept button is pressed.

Thank you so much

JBaxLaw
JBaxLaw, Attorney
Category: Business Law
Satisfied Customers: 11,396
Experience: Experienced in business formation and licensing issues
Verified
JBaxLaw and 87 other Business Law Specialists are ready to help you
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Customer reply replied 5 years ago
You said these issues do effect the answer in the above statement you answered. Can you please explain to me how this effects the answer? What should my next step course of action be in a situation like this?

Please take a look again at my responses. I said that such issues do not impact my original answer. I appreciate your patience.

 

Thank you

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JBaxLaw
JBaxLaw
JBaxLaw, Attorney
Category: Business Law
Satisfied Customers: 11,396
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