Job demotion after returning from FMLA

[Tygerwoody]

North Carolina is my state.

Earlier this year I had an injury which required major surgery. The surgery required 2-6 months doctor's ordered recovery. I know how strongly my boss feels about people who take disability leave, so I returned to work as soon as I could, which was 2 months.

Upon returning work, my boss immediately takes me to his office and informs me that I have been demoted in job role. My pay will stay the same but the job role he gave me was actually the very people I currently manage (or did manage). All of my management rights were taken away and management software rights were taken away. He is now putting me through training for an entry level "helpdesk" position. When I asked him his reasoning he said it was because I was out for 2 months and he wanted me in a new role. He never once said it was performance related. He basically blew off my question as a "you are taking this new role because I said so" approach.

My employment history has been that I have always been an all star employee. All of my reviews have been glowing(A and AA rating). Not only that, but in the building I work in there are 2000 employees, I was one of only 3 people to win whats called a "Site" award for outstanding excellence. I loved my job and did it very well.

Its very demoralizing for me to be treated so badly after all the hard work I put into this company. I have worked there 2 years and have put in countless overtime hours(unpaid) due to my dedication. I feel like I'm being made an example of.

Do I have a case and if so, where do I start?

 

[ecmst12]

That sounds like a violation to me. You failed to provide the essential information of your state, so I don't know if your state DOL has any remedy for you, but you can file a claim with the US DOL.

 

[Tygerwoody]

That sounds like a violation to me. You failed to provide the essential information of your state, so I don't know if your state DOL has any remedy for you, but you can file a claim with the US DOL.

Sorry. North Carolina.

 

[Beth3]

The Family and Medical Leave Act is a federal law (not State) so your recourse is to file a complaint with the federal Department of Labor. It certainly appears that your FMLA rights were violated so I suggest you contact the DOL and file a complaint.

 

[Tygerwoody]

What will filing a complaint do for me? I'm worried that filing a complaint will just put a target on my back and for them to find a reason to fire me. Should I get a lawyer? or?

 

[Beth3]

If you file a complaint and the DOL finds your FMLA rights were violated, then your employer very likely will be penalized (i.e. a fine) and you very likely will get your old job back which you should have stepped back into when you returned from leave.

While it's not required, you may find it helpful to consult with an employment law attorney before deciding what to do.

 

[antrc170]

The devil is in the details on this one. However, unlike the other posters your initial statement does not support a claim under a FMLA violation (IMO). FMLA protects your original job or equivalent job with the same pay and benefits. Equivalent does not mean that it carries the same responsabilites or managerial perks. It means that the level of effort does not significantly increase/decrese. For example, moving between desk jobs is an equivalent move. Going from a desk job to a manual labor job is not.

Your employer may be able to defend the decision to move you to another position because your pay and benefits remained the same and the job does not entail any additional manual labor or other labor that would induce you to quit.

FMLA quarantees that your employer cannot terminate you or reduce your benefits just because you're on medical leave. It does not prevent your employer from managing the company and its personnel to fit the needs of the company.

 

[Zigner]

The devil is in the details on this one. However, unlike the other posters your initial statement does not support a claim under a FMLA violation (IMO). FMLA protects your original job or equivalent job with the same pay and benefits. Equivalent does not mean that it carries the same responsabilites or managerial perks. It means that the level of effort does not significantly increase/decrese. For example, moving between desk jobs is an equivalent move. Going from a desk job to a manual labor job is not.

Your employer may be able to defend the decision to move you to another position because your pay and benefits remained the same and the job does not entail any additional manual labor or other labor that would induce you to quit.

FMLA quarantees that your employer cannot terminate you or reduce your benefits just because you're on medical leave. It does not prevent your employer from managing the company and its personnel to fit the needs of the company.

This is incorrect. The OP is NOT in an "equivalent" job. That is the problem.

 

[Beth3]

Equivalent does not mean that it carries the same responsabilites or managerial perks

Yes, it does - most definitely. I'm with Zigner on this one.

 

[ecmst12]

Just because the pay and benefits are the same does NOT mean that OP has not been penalized for taking time under FMLA - the manager clearly admitted that was EXACTLY why OP was demoted.

 

[Tygerwoody]

Just because the pay and benefits are the same does NOT mean that OP has not been penalized for taking time under FMLA - the manager clearly admitted that was EXACTLY why OP was demoted.

The problem is my boss will never admit to saying this(even though I have it voice recorded). My boss isn't stupid. He'll find a way to cover his tracks. If I had to guess, he'll probably say that it was his plan all along to demote me. He'll probably even get the other managers to side with him. There was never a conversation with me about any demotion and obviously there is nothing in writing either stating this either.

Before my injury it was quite the opposite of this. My boss actually told me that he wanted to expand my job duties to help manage other departments as well. I have a very specialized skill that would be useful for me to "consult" with other departments to improve the company as a whole. I would help consult while still managing my group. This was his vision of me before the injury. Now after the injury, I'm demoted and have all my rights removed away from the "specialized" software I use to use.

Even though I have a voice recording of him saying everything, I know I will never be able to use it as I didn't get his permission to record. Main reason I record our conversations is so I know exactly what he said.

 

[commentator]

The reason you give for not wanting to file a complaint, that it would put a "target on your back" is irrelevant. He's already put a target on your back, and he's got you moving out the door, being a good subservient employee and letting him do it without complaint (when, in my opinion, what he's doing looks very much like a violation of the FMLA statute, yes, definitely a lesser job, whether or not you can "prove" he said it or not.) In my eyes, you really have nothing to lose in filing a complaint about what he is doing, before he dumps you out on the street. He is obviously planning to demote and degrade you till you are simply forced to resign or you'll be cleaning the toilets for minimum wage. And you DO have recourse, nothing to lose by filing a complaint, so why not do it now before you have been forced out.

 

[Beth3]

The problem is my boss will never admit to saying this(even though I have it voice recorded). My boss isn't stupid. He'll find a way to cover his tracks. If I had to guess, he'll probably say that it was his plan all along to demote me. He'll probably even get the other managers to side with him. There was never a conversation with me about any demotion and obviously there is nothing in writing either stating this either.

Before my injury it was quite the opposite of this. My boss actually told me that he wanted to expand my job duties to help manage other departments as well. I have a very specialized skill that would be useful for me to "consult" with other departments to improve the company as a whole. I would help consult while still managing my group. This was his vision of me before the injury. Now after the injury, I'm demoted and have all my rights removed away from the "specialized" software I use to use.

Even though I have a voice recording of him saying everything, I know I will never be able to use it as I didn't get his permission to record. Main reason I record our conversations is so I know exactly what he said.

Your sole recourse is to file a complaint with the federal DOL. If you're not willing to do that, then that's your choice. Retaliating against you because you file a complaint is also prohibited. The ball is in your court. Just posting about what a SOB your boss is isn't going to get you anywhere.

 

[ESteele]

In addition to possibly contacting the US DOL, you may want to consider speaking directly with private counsel knowledgeable in employment law. If your boss is a snake, then you may need your own attorney who will aggressively advance your interests here.

 

[Tygerwoody]

I had a consult with a lawyer today. They recommended that I first file a complaint with the EEOC, then go to HR. If that does not solve it, then draw up a demand letter to the company.

I don't know if she was just trying to get me to file, but she said it sounded like an open and shut case. She said that if my boss had demoted me months after returning my case may not be so strong. But since my boss demoted me 15 minutes after returning the judge would likely connect the motive to me being on leave.