My old postion was taken from me

[Pardisa]

What is the name of your state (only U.S. law)?
Florida



Hello,

The company I work for moved to another location to merged with another company while I gave birth 3 and half months ago. I came back last month to work and I was told my old position was not available at the time and they'll let me know. They've offered me something totally different and were going to raise my pay to 11.00 (which they still haven't). Within 1 week of coming back they've hired 2 more people for the same position I had.

I'm so frustrated because they've said the position was unavailable. I've spoken to the people of HR and they're not of much help. They've told me it's not up to them who takes my position and I have to speak to the general manager... I'm like, that's why you're here for?! Sadly, the previous GM I know was also removed from his position as well. He couldn't do anything for me.

Then I went back to HR about my pay raise, because it's been over a month I've been working this new position. I was told my pay needs to be approved for a raise. I got even more furious since everyone I work with at that department who is not a POC is getting paid 11.00 and started working at the company less then 2 months. I've been working for this company for 3 years and I've never seen so much foolishness.

So, I've been told I've loss my rights when I accepted the new position along with the so called pay raise. Is this true? I feel like they've talked me out of it.

 

[cbg]

Very, very important questions, and these make all the difference between whether you do and do not have legal recourse:

How many employees does your employer have within 75 mile of your location? If the exact number is not available, is it over or under 50?

At the time you went out on maternity leave, how long had you worked for this employer?

In the 12 months immediately preceding the start of your leave, had you worked a minimum of 1,250 hours?

How much time off TOTAL, including time off for pre-natal visits, sick days because of morning sickness, etc. as well as the actual maternity leave, did you miss for reasons related to your pregnancy? I'm not looking for a breakdown, whether it was paid or unpaid, approved in advance or anything else; just a total number of days/weeks/months that you missed.

BTW, it is a sad but true fact that HR can make recommendations, tell the employer what the laws and regulations are, and create policy till the cows come home, but they cannot force the employer to follow their recommendations or policies.

 

[Pardisa]

Yes, its over 50 people.

I've worked there for 3 years and have over 1,250 hours before my leave.

As for how much time I've missed in total, 2 months and about 2 weeks.

 

[cbg]

That means that FMLA applies. That being the case, you need to be returned to either your own or a position that is comparable in all respects. They CAN move you from your old position as long as the position they put you in is considered comparable.

It is not even remotely uncommon for a pay raise to have to be approved up the ladder, and pay raises are not required by any law.

 

[commentator]

There may be some issues with your being changed while on FMLA (does not have to be officially asked for or granted if it applies, which it sounds as if it might in this case.)
I might suggest you run this issue past an employment lawyer.

What they may be talking about as far as losing your options is that if you were to quit your job now due to them offering you the lesser job, your chances of getting unemployment insurance (especially in Florida) would be very very small. Because you came back, and you accepted the new job at the lower pay rate, understanding exactly what the conditions of the job were to be. Regardless of whether they promised you a raise later, you knew what it would pay and what it would be doing when you began working again, and now if you quit it will not be considered you had a good job related cause to quit. So don't quit until you have a better job to go to.

You have no inherent right to be told the truth or treated fairly or had things explained to you clearly on the job. But thanks to FMLA, you may have a shot at the old job back at the same salary at least.