Company cut my sales territory right after my return from disability leave.

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Company cut my sales territory right after my return from disability leave.

I was returning from short term
disability and my boss cut my sales
territory in half leaving me with
little to no chance to succeed. I was
asked to provide a 30/60/90 day
business plan for the full territory,
but I feel like they are trying to
force me out. Any thoughts ?

Asked on January 3, 2017 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on whether the cut in territory was because you were disabled or used disability leave--which could be illegal, and if this were the case, you may well be entitled to compensation--or whether it is due to a non-discriminatory and non-retaliatory reason, such as:
1) a general realignment of territories and sales goals, or a shift to smaller territories; or 
2) you had previously been having trouble making your goals and/or quotas or otherwise covering your territory, so a reduction is due to performance issues you had.
If the reason for the change had nothing to do with your disability or leave, it is legal, even if it occured right after your leave.
However, if you believe the reason was due to your disability or leave, you may have a claim; try contacting either or both of your state department of labor or the EEOC to file a complaint in that case.


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