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I'm under doctors care and off from work. Now my boss wants…

Customer Question
I'm under doctors care...

I'm under doctors care and off from work. Now my boss wants to demote me, is that legal? Or do I have a case?

Lawyer's Assistant: Have you discussed the demotion with a manager or HR? Or with a lawyer?

No, my boss is the store manager

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No I do not

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

This company also did not take taxes out my paycheck and several others. I also have his text message wanting to demote me

Submitted: 1 month ago.Category: Employment Law
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Answered in 5 minutes by:
3/25/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 1 month ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 123,353
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.

Are you out of work under Family and Medical Leave Act leave? Does your employer have 50+ employees?

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Customer reply replied 1 month ago
No, just under a doctors care through Tuesday. It might be extended after my fallow up tomorrow. No he does not, under 50.
Customer reply replied 1 month ago
I have also had trouble with this company not taking taxes out of my paycheck. Some of my coworkers are still having this problem. I just need to know if I have a case, should I go back to work for this company.
Employment Lawyer: Law Educator, Esq., Attorney replied 1 month ago

Thank you for your reply.

The reason I asked is because your employment is considered to be at will and unless you are protected under the Family and Medical Leave Act the employer can promote you/demote you or fire you without any cause or reason and you have no recourse. The only protection you would have would be the FMLA and if you are not under that, then I am afraid he has a right to do so.

As far as not taking taxes out, that is grounds to file a complaint with the State Department of Labor, because he is supposed to be taking taxes and paying unemployment and workers compensation on all of you. So you have grounds to file a complaint against the employer with the Department of Labor and they will investigate and sanction 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.

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Law Educator, Esq.
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Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 123,353
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Experience: 20+ Years of Employment Law Experience

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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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