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My wife and I work for the same company. We work in the same…

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My wife and I...

My wife and I work for the same company. We work in the same shop but totally different departments. For example each dept has roughly 18 to 25 employees. we took intermittent fmla . After our fmla was closed they called us into a meeting where they told us due to our use of intermittent fmla my wife would be moved to another shop. They told us our absences put a strain on production. We told them our intermittent fmla was closed and they said they would still move forward separating us. There is a total of 5 couples who work in the same shop and only the 2 couples who took intermittent fmla would be separated . the other 3 will not be separated. Last I heard they will be moving my wife to a shop with the highest turnover. This does not seem right and feels like we are being punished. Hope I was able to explain enough

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I think full time

Submitted: 8 months ago.Category: Employment Law
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Answered in 33 minutes by:
9/10/2017
Employment Lawyer: John, Employment Lawyer replied 8 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,962
Experience: Exclusively practice labor and employment law.
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Employment Lawyer: John, Employment Lawyer replied 8 months ago

What you are describing would be described as FMLA retaliation. In other words you and your wife are being discriminated against because of using FMLA time off. When you take time off for FMLA you're guaranteed to return to same position or a substantially similar one. However, you cannot be retaliated against in terms and conditions of your employment for taking such time off. This is exactly what occurred in the situation because the employer is inherently stating you taking your time off strained the company and as such they are moving one or both of you two different departments. While it's not a guarantee that your new positions will be substantially different, that is not the issue. Rather, because you took time off they are changing your employment, which is retaliation. You should consider filing a complaint with the Department of Labor or retaining a private attorney to pursue a FMLA retaliation claim.

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Employment Lawyer: John, Employment Lawyer replied 8 months ago

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