Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I was on FMLA which my employer allowed to go into a medical…

Customer Question
I was on FMLA...

I was on FMLA which my employer allowed to go into a medical leave. I have returned to work, my position has totally changed (demotion) as a contract admin with a JD I am now doing a new MSA and Subcontract Agreement- no more mulit million contracts and answering a pbx which I haven't done since I was 19. My boss had told me that they loved me, I was great prior to the FMLA, but get onboard or get off the track. Amazingly, the HR Manager present at the time has no recollection.

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

The company lost $10M while I was gone, and I have been told that the Contract Admin who had no prior Contract Experience, She now has my job and has multiple errors and assigns my work. CA\

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

We have a handbook and they approved a Personal Leave

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have a JD, and they know what they have said, plus I took the Code Law Exam for my boss for his ID engineering license and have proof via email I am trying to find out their liability I have been in a hostile work environment both times I have returned full time

Submitted: 9 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
9/12/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 9 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,320
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Ask Your Own Employment Law Question
Employment Lawyer: Law Educator, Esq., Attorney replied 9 months ago

Under FMLA, the employer cannot punish or discriminate or retaliate against an employee for using FMLA. This means that upon return from FMLA within the protected period (12 weeks) the employee must be returned to the same or substantially similar position with the same or greater pay. If the employer has demoted you and you returned within the 12 week period protected by FMLA, then you need to file a complaint for retaliation and discrimination with the US Department of Labor, as they handle violations of FMLA and not the EEOC. If the US DOL cannot resolve this, then you would have a right to sue the employer for retaliation and discrimination under FMLA and seek damages from the employer.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 125,320
125,320 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I am experiencing hostile work environment and retaliation
I am experiencing hostile work environment and retaliation due to questioning and reporting questionable transactions. What are my rights as a public employee? … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
551 satisfied customers
I filed an EEOC discrimination case against my former
I filed an EEOC discrimination case against my former employer for mental health and reasonable acommodation i got a response back from them through the EEOC … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was terminated out of retaliation, and I believe my
I was terminated out of retaliation, and I believe my religious beliefs could have been a factor. I did call out my employer for violating our code of conduct, and was promptly fired. How much do I ne… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a few questions regarding FMLA. However, I took FMLA
Yes. However, I took FMLA already and came back to my name plate being removed from my office and multiple other things. My boss said I inconvenienced everyone and that I should have all my duties done prior to taking off. I have numerous emails from my Boss and my boss is trying to make me resign and is lying and saying horrible things. Is this something I should get with an attorney about? … read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
320 satisfied customers
I'm trying to file a claim for harassment or hostile work
I'm trying to file a claim for harassment or hostile work environment but can't seem to get the right contact in Illinois … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I am in California. My company has a handbook. The handbook
I am in California. My company has a handbook. The handbook is clear about employees giving a 2 week lead time on vacation requests. My supervisor says she can require a 3 week lead time regardless of… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I am filing retaliation at EEOC due to my employer transfer
I am filing retaliation at EEOC due to my employer transfer me on less desirable position. This happen after I filed harassment claim at EEOC early this year … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,316 satisfied customers
I filed a discrimination complaint with the EEOC and DFEH
I filed a discrimination complaint with the EEOC and DFEH and received right to sue letters. The EEOC letter expired, the DFEH letter expires soon. I am considering filing a lawsuit without an attorne… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,320 satisfied customers
I have filed an age discrimination complaint with EEOC. The
I have filed an age discrimination complaint with EEOC. The EEOC has referred the complaint to mediation. Am I giving up any rights if I participate in mediation? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I BELIEVE RETALIATION DISCRIMINATION FROM MY MANAGER AND
I BELIEVE I AM RECEIVING RETALIATION DISCRIMINATION FROM MY MANAGER AND REGIONAL MANAGER … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
It's a labor question employment law. I'm seeking a lawyer.
well I was denied unemployment - the employer said I was insubordinate. I am trying to create an appeal and I was hoping the attorney would look at what I wrote.… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Have a question about labor and discrimination. I am a 60
Have a question about labor and discrimination. I am a 60 woman working in the same position and department for 16yrs. Two days ago I was put out on administrative leave pending and investigation rega… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,316 satisfied customers
Employment law Constructive dismissal as retaliation for
Employment law Constructive dismissal as retaliation for sexual harassment and FMLA limitations… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,609 satisfied customers
Can I file a claim of age discrimination with the EEOC and
Can I file a claim of age discrimination with the EEOC and wait 60 days to exhaust my administrative remedies before filing in federal court or do I have to file with the GCEO? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,320 satisfied customers
I have filed a complaint with EEOC under Age discrimination
I have filed a complaint with EEOC under Age discrimination and harassment. Had to resign from job at State agency 2 weeks after receiving PIP due to continuous harassment for more than a year, have w… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I will skip the entire story of discrimination, retaliation,
I will skip the entire story of discrimination, retaliation, and coercion by both my University Human Resources Department and my own Union Director (who did not read the fine print and refused to dis… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
After having filed an EEOC discrimination complaint at
After having filed an EEOC discrimination complaint at Texxxxxxxxx xxxxxxx xxxxxx - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,320 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x