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I was on FMLA, I returned to work and was asked to change

I was on FMLA...
I was on FMLA , I returned to work and was asked to change shifts to give some training. After the 2 weeks I was suppose to return to my position. Instead I was taken into the office and told I was being demoted and getting a pay cut. When I asked why my manage told me because numbers don't lie. I asked him what numbers. He couldn't tell me. Then they talked about my attendence, Which I have pretty good attendence except when I went out for FMLA. Upset I told them I would be looking for another job. My manager them got crappy towards me and said that ment I was resigning effective emedaitly. And took me to HR. When we got to HR and I explained what was happening things changed. They then said this was training for me. And I asked if this is training why am I getting a pay cut. HR called me later that day to tell me I wouldn't get a pay cut. Just cut in hours.
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: Full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: I pulled the numbers myself for production and I was doing good before my leave of absence. They compared me to the person who is filling in for me and my numbers are better. I have all the documentation to prove that. And my attendence records.
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Customer reply replied 2 months ago
Do I have a case?
Answered in 8 minutes by:
10/6/2017
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,376
Experience: Employment/Labor Law Litigation
Verified

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.

From the facts that you have given here, yes you would certainly have a complaint based on what appears to be retaliation due to your FMLA use.

Now, I can't tell you if you have a case. No honest attorney could at this point. This is because I can only see one half of the facts here. The employer, in a case against them, gets to present a defense. Now, that being said, you appear to have reviewed the sorts of evidence they would try to present (for example, if you actually had bad numbers...you checked that). They can't take your absences on FMLA against you, in any way, and it appears that they are.

The only way though to truly know if you have a case is to file a complaint with the Department of Labor. That is not a court. Instead, it is an investigative agency who is tasked with finding evidence that would either support or refute an FMLA discrimination claim. Making such a complaint is legally protected from retaliation, so if the employer retaliated after you filed it, it would just get worse for the employer.

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.

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Customer reply replied 2 months ago
How would I go about starting the complaint against them?

You just have to contact the Federal Department of Labor office in your state (each state has their own branch of the Federal one).

They will take down the necessary information. It is very informal and intended to be, so that people can get these matters investigated without needing an attorney.

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Customer reply replied 2 months ago
Is that the best way to go about it?

It's the only way to go about it. You legally must go through the DOL before you could ever have any other option.

It is a prerequisite to a lawsuit.

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Customer reply replied 2 months ago
I do this myself, without representation?

Yes. Most attorneys won't even agree to represent you until after the DOL has done their investigation.

Again, the DOL is not a court. They aren't making a ruling. They are an investigative body. You don't need representation to make a report to an investigatory agency.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,376
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 2 months ago
Thank you.
Customer reply replied 2 months ago
Can I record conversation between me and my employer?

Texas is a "one party consent" state. As long as one party to the conversation (yourself included) consents to the recording, it is legal.

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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,376
19,376 Satisfied Customers
Experience: Employment/Labor Law Litigation

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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).

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