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My company got bought out by another company mid of last…

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Hello. My company got bought...
Hello. My company got bought out by another company mid of last year. After came back from SDI leave 2 months ago, the new company change my title and decrease my salary. Can they do that?
Submitted: 4 months ago.Category: Employment Law
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Answered in 5 minutes by:
3/8/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,571
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. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

The company can do so provided that they have a legitimate and non-discriminatory basis for doing so. Going out on FMLA protected leave allows a person to return to their original job, with some protections. However, it does not fully insulate a person from having chances made to the terms of their employment.

The person can't have their job changed simply based on the fact that they were gone and are now returning. That would be punishment for using the leave which would not be legal. However, if the employer was making legitimate business decisions which had nothing to do with the fact that the person took FMLA, then change would be legal.

We see this often where a company had already planned a lay off and that FMLA using employee had already been on the list to be let go, the fact that the took FMLA would not change the legitimate, non-discriminatory decision to lay that employee off.

In this case, the new employer can legitimately argue that your use of FMLA was not their issue. They are a new acquiring company and are making adjustments based on the way that they want to run the company and your selection for a change in title and reduction in salary had nothing to do with your medical leave use.

Of course, you can argue that that is not the case. That is up to you really. You'd bear the burden of proving that they had no legitimate basis for selecting you for this change and specifically targeted you based on your medical leave use.

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. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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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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