Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am an office manager and just returned to work from

I am an office...

I am an office manager and just returned to work from medical leave. On my first full day back at work my boss told me that I am being demoted. She didn't say there was anything wrong with my performance at work, but just kept saying there was a business need to move me into a lesser position. I feel based on the fact that I had just returned from medical leave this is being done as a punishment because I was out of work for a month. Is there any legal action I can take?

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

Ohio

Lawyer's Assistant: Has anything been filed or reported?

I have not filed or reported anything

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

I don't think so. I think that sums it up

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 4 minutes by:
3/8/2018
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,785
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.

Were you out of work under FMLA leave?

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
I was not
Customer reply replied 4 months ago
It's a small company. Doesn't there have to be a certain number of employees in order to receive FMLA?

Thank you for your reply.

Unfortunately, unless you were out under protected leave under FMLA (50+ employees), your employment is considered at will. An at will employee, as you likely know, you can be promoted or demoted at will for no reason or any reason except based only on your age/race/sex/permanent disability/national origin. Thus, if you were not under protected leave of FMLA and the demotion was not for one of those other reasons legally you have no recourse against 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
Customer reply replied 4 months ago
She also asked me to come back to work before I was medically cleared by my doctor. Does that change anything?

Thank you for your reply.

I am afraid not, since you could have not return. If you do not have protection under FMLA you are not protected.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,785
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
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: 125,785
125,785 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 have been on FMLA for the past year intermentently. It ran
I have been on FMLA for the past year intermentently. It ran out in November so the HR rep told me there wasn't an issue with me switching to ADA since the illness is covered under that as well. I was… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
144 satisfied customers
I was recently demoted at my job. I work as a paramedic and
I was recently demoted at my job. I work as a paramedic and I had a position as a supervisor. The circumstances are these: My boss claims he was demoting me for poor performance but at no time was I e… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,785 satisfied customers
I was on FMLA which my employer allowed to go into a medical
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 Subco… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,785 satisfied customers
Are you a real person? I work with a company that recently
I work with a company that recently put me on forced medical leave because I have a mental disability. They said I would need a signed form from my doctor saying I could return to work. But I believe the way they handled the situation was completely unethical. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can some one get fired for information the company already
Can some one get fired for information the company already knew. Already attending classes, bad had writting, ext? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I am employed as a Nurse manager in a hospital and I feel
I am employed as a Nurse manager in a hospital and I feel that I was demoted from my position to a floor nurse in retaliation. My boss sent me a text message on a Sun, stating I would be taken off the… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
, I live in Louisiana. I took leave from work surgery
Hi, I live in Louisiana. I took leave from work for a surgery I needed to have done. I did all the appropriate things to take time off. I gave my boss a months notice and have it in writing that my ti… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I have a question about Fmla retaliation. I have worked at
I have a question about Fmla retaliation. I have worked at my job for 14 years. And I have taken Fmla leave 2 times during that time. The first time was about 6 years ago. My 2 year old son was diagno… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
i am an RN currently working for a hospital in FL in which
i am an RN currently working for a hospital in FL in which I was recently demoted from a clinical charge role to a staff nurse and also from full time to part time. The documented reason was stated as… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,126 satisfied customers
My boss was being investigated by senior management of my company
My boss was being investigated by senior management of my company for creating a hostile work environment. I was asked for my input on the situation supposedly in confidence by senior management and H… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I have just been singled out at work and accused of not performing
I have just been singled out at work and accused of not performing my duties (which is not true.) My boss has demoted me - in rank - not pay - and is trying to humiliate me. He called me into a room w… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
You have a retention bonus to be paid in two traunches and
You have a retention bonus to be paid in two traunches and you are eligible to the unpaid portion if you are involuntarily transferred to a new postion for reasons other than unsatisfactory performanc… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
I was placed in a performance review period which now has ended
I was placed in a performance review period which now has ended and the result was that my boss demoted me from a Sr. level position to the mid level position. As a result my salary has been reduced a… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
A few months ago a high level boss” was demoted to a lesser
A few months ago a high level “boss” was demoted to a lesser level of authority. This person still holds a management position now. Ever since the demotion this person has had issues with other employ… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I have been working for the same employer for 3 years as the
I have been working for the same employer for 3 years as the Controller/CFO. I am currently 8 months pregnant and never missed a day of work and have completed all my responsibilities. 2 days ago my b… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
My sons boss sent him on a business trip two weeks before
My son's boss sent him on a business trip two weeks before his wife was due for giving birth, he had a drs. excuse not to leave town. She sent him anyway and his wife ended up having complications the… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
Can I be demoted without just cause My employer is demoting
Can I be demoted without just cause? My employer is demoting me stating that my job is being eliminated but they will be immediately replacing someone in my position. I have been at the company for 10… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I have missed a great deal of work over the last 2 years. Once
I have missed a great deal of work over the last 2 years. Once due to a car accident the second due to an undiagnosed sleep disorder. I am soon to return to work after being out on authorized diabilit… read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
96 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