Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 3 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
3/25/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,893
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?

Ask Your Own Employment Law Question
Customer reply replied 3 months 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 3 months 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 3 months 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.

Ask Your Own Employment Law Question
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: 125,893
125,893 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 need to speak with someone immediately regarding a
I need to speak with someone immediately regarding a workplace situation … read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
429 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 have been employed with a set of convenience stores since
I have been employed with a set of convenience stores since August of 1999. The stores have been bought out twice. Once in 2010 and then again in 2011. I was/am a manager since 2002. I am currently of… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
To wallstreetfighter: You answered several questions for
To wallstreetfighter: You answered several questions for me a few years ago so I figured I'd pick your brain again if possible. I have been employed with a company since March 2012. In June of this ye… read more
retirementlawyer
retirementlawyer
Attorney
Doctoral Degree
1,606 satisfied customers
I live in OK. Was recently demoted from a salaried Supervisor,
I live in OK. Was recently demoted from a salaried Supervisor, making $71,000/yr to an hourly service tech making $21/hr. Have worked at this company for 18 years, the last 2.5 as Supervisor - oversee… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I have been accused of stealing lottery tickets and
I have been accused of stealing lottery tickets and cigarettes at the gas station where I work. There are several employees and I am the only one she accused of this on top of telling me she is uncomf… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,893 satisfied customers
Hi My name is XXXXX XXXXX work for a Supermarket company
Hi My name isXXXXX had work for a Supermarket company for 6 years, I got promoted to a Produce Supervisor, but there is another supervisor and a store manager that doesn't like me at all, and they are… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
I live in Birmingham Alabama. I have been a supervisor for
I live in Birmingham Alabama. I have been a supervisor for a large pharmacy chain for 4 years. 3 months ago a cashier was hired into my store and I knew her from a local strip club and private strippe… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I was a manager in a sales call center and one of my agents
I was a manager in a sales call center and one of my agents brought alcohol to work on a Friday. Another manager found the alcohol and told me to tell the agents to remove it from the building. I went… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 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
After 6 years of working for a company, my son was fired the
After 6 years of working for a company, my son was fired the day before Thanksgiving. It all started in May of this year when he went to a doctor for depression. The doctors prescribed him strong meds… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
Here is the situation. I work for a large company. The VP
Here is the situation. I work for a large company. The VP promotes his wife so eventually I complain when it causes a problem. Now I find myself demoted, what should I do?… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
if I turn in a letter to my boss that I can not work more
if I turn in a letter to my boss that I can not work more then 35 hours a week and can not work more then 8 hours a day or lift more hten 5 pounds. From my docotor. I have a buldge disc and pinched ne… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
Im an 11 year employee of a Fortune 300 company. My future
I'm an 11 year employee of a Fortune 300 company. My future is looking grim, I have been a target of HR for some time. An employee sent a complaint claiming that I was unprofessional, cutting off a te… read more
JPEsq
JPEsq
Attorney
Doctoral Degree
5,086 satisfied customers
I was removed for no reason from my position as a manager at
I was removed for no reason from my position as a manager at a goodyear tire & rubber plant. when I asked for a reason they had no answer. i have been demoted for filling a complaint with the eeoc. an… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I was a (salaried) manager that was recently demoted to an
I was a (salaried) manager that was recently demoted to an assistant manager. In the companies online job duties description it states that an assistant mananger is paid based on a "44 hour, hourly, n… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I am a current store manager for Verizon wireless Co. They
I am a current store manager for Verizon wireless Co. They have 4 stores located in northern Minnesota that were formerly UNICEL stores. Three of the store managers were demoted to assistant store man… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
125,893 satisfied customers
I am under medical care over 50 and recently replaced by a
I am under medical care over 50 and recently replaced by a partner buying my store and was offered a 40% pay cut and demoted in position to stay, no notice given , no severance my store told I was not… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 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