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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 42816
Experience:  30 years in Employment law
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I'm a bilateral amputee in a wheelchair and have been

Customer Question

I'm a bilateral amputee in a wheelchair and have been employed full time. I've been employed at my job in Austin Texas for 2 months when I had to have an emergency neck fusion. This surgery then led to two separate infections and then further complications when I was diagnosed with 4 bleeding ulcers.
I am now releases to return to work and I went in today and they have hired a full time person to run the department I was running. They said they will call me and give me some "projects" to work on as they come up. Nothing set in stone or permanent. They just told me they will call me.
I'm freaking out as I've already been out of work for 11 weeks and besides my disability check 877$ a month that goes directly to rent I have no income.
Do I have any resolution or recourse?
Thank you
Jason
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ray replied 2 years ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.Were you on FMLA here ??

Expert:  Ray replied 2 years ago.

Here in Texas under the FMLA the employer has to return you to your job or an equivalent position.

A position is equivalent only if it is virtually identical, in every important respect, to the employee’s former position. Courts will look at the following factors in determining whether a position is equivalent:

http://www.nolo.com/legal-encyclopedia/reinstating-employee-after-fmla-leave.html

  • Salary. An employee is entitled to the same salary or hourly compensation, as well as any opportunities to earn extra money (through overtime or performance-based bonuses, for example), that were previously available. The employee is also entitled to any automatic raises that took place during the employee’s leave.
  • Employee Benefits. The equivalent position must offer the same benefits, at the same levels, as the employee’s previous job.
  • Job duties. The job duties must be substantially similar to those of the former job. Minor alterations are\allowed, but the new position must have the same prestige in the company as the employee’s former position. Employers get in trouble when the “equivalent”position starts to look more like a demotion.
  • Shift and schedule. Ordinarily, an employee is entitled to be returned to the same shift and to the same or an equivalent schedule.
  • Worksite. A job at a different worksite is not an equivalent position if it significantly increases the employee’s commute in time, distance, or both.

If you were on FMLA here and returned to your job as you can see the position offered is not equivalent and a complaint to DOL here is warranted.You may also consider an employment lawyer here to force them to offer you an equivalent position and back pay you are owed here for the demotion.You can also seek legal fees and costs.

File your complaint here.

http://www.dol.gov/wecanhelp/howtofilecomplaint.htm

You may want to have local lawyer send demand letter to employer and copy of complaint..

You can locate a local lawyer here through our state bar.They have a great consultation program , you get ahlf hour face to face with local employment lawyer.

https://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_

You may also file a second complaint with EEOC as discrimination here is apparent as well based on what you present..

http://www.eeoc.gov/employees/charge.cfm

I am so sorry you have had to go through all of this.I hope you will pursue your remedies.Thanks again.

Expert:  Ray replied 2 years ago.

Let me know if you have more follow up I am a Central Texas lawyer.

Expert:  Ray replied 2 years ago.

If you can leave a positive rating when we are done it is always sincerely appreciated.