[I have worked at my company for over 5 years. I have 15 years experience in the field since graduating with a B.S. degree in Computer Science in 1985. During that time, I was promoted several times. The last one was in May 99 to Software Engineering Manager. I did not sign an additional employment contract for any of my promotions. I don't think it would be disputed that I was recognized as a manager. I had eight people reporting to me. I live and work in the state of Texas. I took the FMLA as my mother was terminally ill fighting cancer. She lived in another state. I helped to care for her in her home until she died. Although my boss at the time was willing to place someone in my position temporarily until my return, I felt it was in the best interest of the group to replace me since I didn't know how long I would be out. I was assured that an equivalent job would be available for me upon my return. Upon return on April 7 2000, my boss had switched to another division to start a new group. He offered me the opportunity to come on as a project manager in his new group working three 8-hour days. Previously I worked 5, 6-hour days. I agreed but was not aware the position was considered a downgrade. Although I was working in this new division upon return, he did not turn in the paperwork for the switch until May 2000 so the paper trail may look like the events were unrelated. My boss is no longer with the company and I have only become aware of this since his departure. In the other division, there are labor grades and I was a labor grade 28. In the new division, apparently labor grades are irrelevant. I don't believe any others including myself in the management team here was aware of that as we were still using that pay scale and designation for hiring. I was part of the management team here as far as attending the meetings, making decisions, signing for purchases. It is listed this way on the intranet and I occupy a manager's office. I have only had good or even great reviews during my 5 years here. The general feeling is that the new management here is unhappy to have a manager here working part-time and has found a loophole in that my position as stated in the transfer paperwork (which I did not see or sign) allows them to treat me with a lesser status and as a result, my salary is high for this position and I was denied a raise for that reason which was verbally promised to me in August 2000. Also, this week I was told that I am no longer a part of the mgmt team due to my position and my part-time status.]
Originally posted by lawrat:
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.
I am a bit confused as to the events. But basically, if this is NOT a result of your legal right to take leave via the Family Medical Leave Act, then you really have no recourse unless:
1) Do you work in an "at will" state or for cause state?
2) Did you sign an employment contract as Engineer Manager?
Please respond to these questions so the board may help you better.[/QUOTE]
