Can I be demoted after a FMLA absence?

I have been on intermittent FMLA for 18 months due to chronic staph infections. I recently missed 1 hour of work due to issues with a staph infection. Within 30 minutes of my return to work I was demoted due to my "absence issues". Two examples were given to me: 1) the previous week, I took 1 approved day off using my companies "time off request" policy. The approved day off was approved by 2 managers before I submitted the request to a final department. The request was approved and the absence was not counted against me in my attendance records. 2) the FMLA hour that I took on the day of my demotion. I called into work before my shift started and have a confirmation number from that FMLA "call-in".
On the day of my demotion I came in 1 hour late (due to FMLA) was then ushered into a demotion meeting for a half hour and then sent home for the rest of the day without pay. This was initially counted against me in my attendance record but was eventually excused since I never asked to me sent home. I came back to work the following day and reminded my supervisor that under FMLA law I was entitled to an equivalent position and pay after returning from FMLA leave. Within 2 hours they had apologized and Un-Demoted me, however they said they didn't have a position for me at that time. I have however witnessed other employees in the Team Lead position changing shifts (leaving other shifts open) as well as new Team Leads being promoted and put to work. Now I am in my 4th week working at the lowest level in my company while still receiving a higher pay. I am making the "Team Lead" wage, however I am not eligible the Pay for Performance Bonus that everybody else who is doing the job that I am currently doing is eligible for. Is this legal? Also I believe I signed some type of arbitration agreement to get the job, so is a lawsuit out of the question now? Thanks, in advance!

0 answers  |  asked Oct 12, 2010 02:33 AM [EST]  |  applies to Arkansas

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