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Scenario: someone goes on FMLA on January 23. This person is…

Scenario: someone goes on...

Scenario: someone goes on FMLA on January 23. This person is currently an office administrator and received a raise in December 2016. This person has a stroke on January 23 and is put on FMLA until the end of April. Returns to work with same job but only working part time due to dr appointments and supervisor says take your time coming back. One month later she is demoted to office coordinator as well as takes a 10k pay cut and a younger executive is placed as her supervisor and takes her job title. One month after that once working full time now hourly she is given a PIP. is this all retaliation against a disability as well as age?

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

California

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

Full time

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

Not that I know of

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Answered in 4 minutes by:
10/2/2017
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,575
Experience: Employment/Labor Law Litigation
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Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

I can't really tell you if it IS discrimination on that basis. Temporary proximity alone doesn't automatically make it so. It certainly could be discrimination on either or both of those reasons, but there would need to be more facts to establish that.

The issue of being demoted isn't actually illegal, because when a person comes back from FMLA, they have to be able to fully perform their job, full time. If they cannot do so, and are still using medical absences beyond the allotted 12 weeks of FMLA, their job is no longer protected from being changed. That is because the FMLA only protects for 12 weeks and after that, all protection for the job description itself is gone.

The PIP could be discrimination, but that is only true if she isn't actually having workplace issues and her work is 100% up to par with the position. Being disabled though doesn't mean the employer has to hold us to a lower standard. It just means that if there are accommodations that would allow a person to meet the standard, those have to be given.

If she feels there is discrimination here, she has to have the matter investigated by the EEOC so that she has the full picture in front of her. Filing with the EEOC is free and doesn't require an attorney, so that is her best option at this point.+

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,575
Experience: Employment/Labor Law Litigation
Verified
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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.

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