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FMLA-demoted upon returning to work

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pat52

Junior Member
What is the name of your state? Illinois
I had worked for the same company in Illinois for almost 23 years.There are over 500 employees. I understand Illinois is a "at will" state and no reason need to be given to be terminated or demoted. Background:
During the 23 years of employment-I have never received disciplinary actions and all performance evaluations were very good. (Last one in May of this year). I received numerous promotions throughout the 23 years. My position was management for the past 10 years. I have a very difficult boss that I worked for. She created a very stressful work environment (screaming-throwing things when upset etc..) but I managed to keep the stress from affecting my job. Finally in Sept. of this year-stress got to me and afffected my health. I suffered stress related illness-extreme vertigo /panic and anxiety attacks /high blood pressure and very bad side effects from the medications. I took one week vacation and then placed on FLMA for approximately 9 days. I told my doctor I needed to get back to work and with hestation she signed a return to work. After returning from FMLA-one week later my boss stated -I was to be demoted to a supervisory postion / approximately $150.00 less per pay. (Being management -I did not get a pay raise for several years due monies not available it will take me almost 5 years to make the same amount I was due to increases usually less than $.50 per hr.) This position assigned placed me with more senority than the other supervisors but making alot less money. The postion offered involved working with very low functioning individuals that were medically fragile-something I had never experienced in the 23 years working there. Since I found out while I was off -during one of the numerous medically test I suffer from carpal tunnel syndrome / pinch nerved in one arm-I could not physically work in the area they assigned me due to being unable to lift individuals in wheelchairs. Since my position was no longer available- I resigned stating the reasons why. My question would this be considered a "voluntary quit" and disqualify me for unemployment benefits. Was it legal to demoted me after returning from FML?
I haven't applied for unemployment since surgery is scheduled next week and you must be able to work to even qualify (if I can)-recovery will take about 4 weeks-is there a time frame that you must file? Any help greatly appreciated.
 


cbg

I'm a Northern Girl
Whether or not you will qualify for unemployment under the circumstances described is far too situation and state specific for anyone here to guess.

The law does not say that you cannot be demoted or termed after returning from FMLA. It only says you cannot be demoted or termed BECAUSE YOU APPLIED FOR FMLA. I'm not seeing a connection between the two based on your post, but if you are, you can file a complaint with the Federal DOL.
 

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