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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118777
Experience:  20+ Years of Employment Law Experience
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I was on FMLA which my employer allowed to go into a medical

Customer Question

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.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: 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\
JA: Is the employment agreement "at will," union, full time or part time?
Customer: we have a handbook and they approved a Personal Leave
JA: Anything else you want the lawyer to know before I connect you?
Customer: 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: 1 month ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 month ago.

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

Expert:  Law Educator, Esq. replied 1 month 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.

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