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: 123,242
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 1 month ago
I was not
Customer reply replied 1 month 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 1 month 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: 123,242
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?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 123,242
123,242 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:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 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

3,991 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.

< Previous | Next >

Related Employment Law Questions
FMLA Paperwork refused to be re-certified and filled out by
FMLA Paperwork refused to be re-certified and filled out by my son's physician … read more
Damien Bosco
Damien Bosco
4,153 satisfied customers
I was on FMLA leave due to an auto accident. At doctors
I was on FMLA leave due to an auto accident. At doctors request I was out my my full 12 weeks. When I came back,, they required more documents. I gave it to them, as was laid off. continued physical t… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
491 satisfied customers
I have an employment law question. At will, salaried. Can a
Can a non compete, non disclosure contract for employment be voided if the person was on psychiatric medication for 2 months before signing it?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,148 satisfied customers
Looking for employment law guidance - regarding an employee
Hi. Looking for employment law guidance - regarding an employee that has gone on disability but we believe is falcifying her condition. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
123,242 satisfied customers
Is it legal for the company HR to share my personal FMLA
Is it legal for the company HR to share my personal FMLA information with my supervisor, containing my personal information relating to a surgical procedure? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a question about employment law in regards to a
I have a question about employment law in regards ***** ***** employer who has not paid me final commmisions … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
123,242 satisfied customers
Have a question related to employment law. All of the
Have a question related to employment law JA: Was this discussed with a manager or HR? Or with a lawyer? Customer: All of the above... JA: Is the workplace "at will" or union? Is the job hourly or sal… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Employment law question regarding settlement language -- my
Employment law question regarding settlement language -- my former employer will not sign a mutual non-disparagement - I have full disparagement but they only wants to limit to a few employees - more … read more
Thelawman2
Thelawman2
Doctoral Degree
1,352 satisfied customers
In January of 2017, I was approved for fmla, for my serous
In January of 2017, I was approved for fmla, for my serous health condition, however, I was told by my supervisors that my usage of fmla is going to get me terminated because of my usage of time. Anot… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
We have an employee who have applied for an FMLA. On the
We have an employee who have applied for an FMLA. On the Notice of Eligibility we indicated there that her health insurance will continue but she will be however require to pay her portion of the prem… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
491 satisfied customers
I currently have intermittent fmla. I was denied my fmla to
I currently have intermittent fmla. I was denied my fmla to be consecutive said i didn't give them the paperwork they needed however I was never contacted about anything concerning my request. Can the… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
ADA Accommodation, is it something like FMLA Act. Pass to
ADA Accommodation, is it something like FMLA Act. Pass to protect your job and rights, when need Accommodation due to a work injury once FMLA is used up.is there a time limited for ADA Accommodation b… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,756 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
2,855 satisfied customers
I have cancer and am on FMLA. Suddenly and without
I have cancer and am on FMLA. Suddenly and without discussing the matter with me my employer is bringing on a consultant to shadow me. I feel intimidated and feel they are doing this in retaliation of… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
This question is regarding California Employment Law. I
This question is regarding California Employment Law. I would appreciate a quick response as I would like to make this change, starting tomorrow:I have a part time employee working 25 hours per week. … read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
I was on FMLA. My position with the company was considered
I was on FMLA. My position with the company was considered critical so four weeks out they hired the PRN person to do my job. I returned to work after 8 weeks. Now I am having to train my replacement … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
This is about employment law. No, that is not necessary or
full time and our contract does include a non compete clause … read more
Damien Bosco
Damien Bosco
4,153 satisfied customers
Im a retired person via permanent disability i cant see or
Hi. Good morning im a retired person via permanent disability i cant see or hear andI have ataxia. So since 01/2015 im RECEIVING SS. And I get 1200 @MO. BUT SINCE I HAVE FUNDS IN EDD MY. QUESTION IS. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
123,242 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