Is it legal if I’m on FMLA status due to my wife having stage 4 cancer and I was a production manager on salary until last month when I was demoted to an hourly employee?
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Is it legal if I’m on FMLA status due to my wife having stage 4 cancer and I was a production manager on salary until last month when I was demoted to an hourly employee?
Can this be done to me while covered under FMLA status?
Asked on February 11, 2016 under Employment Labor Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You may have a legal claim for compensation for illegal retaliation against you for using FMLA leave. The issue is, do they have a legitimate, non-FMLA reason for this acton? If they do--such as, for example, you had significant performance issues prior to going out on FMLA, which were documented and/or can be proven--then they can do this: while you cannot be retaliated against for using FMLA, being on FMLA leave does not prevent the employer from taking otherwise permissible, valid actions. But if there is no valid non-FMLA reason for this, you may have a legal claim, and should contact the labor department and/or speak with an employment law attorney about possibly bringing a lawsuit.
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