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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 5 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption