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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5732
Experience:  Exclusively practice labor and employment law.
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My wife and I work for the same company. We work in the same

Customer Question

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
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: texas
JA: Is the employment agreement "at will," union, full time or part time?
Customer: i think full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Employment Law
Expert:  John replied 1 month ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

Expert:  John replied 1 month 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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Expert:  John replied 1 month ago.

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