FMLA - job elimination

I was on FMLA leave for back surgery, and call my boss to tell him of my release from doctors to go back to work the following week. Two days later I was told by my boss that he "eliminated" my position in desktop publishing (graphic arts), but was happy to report that he had a "new" position to offer me (clerical billing via Excel spreadsheets). It is would be a lower grade level and was going to be $2200 less than I was making. I argued over the salary and they finally agreed to continue my current rate of pay, but still in the lower grade level. I felt I had no other choice but to take the "new" position. I trained in it for two days and hated every minute of it. It is well below my skill and intelligence level. I told my boss this position was not going to work out for me and he wished me luck in a new job search.

Under previous circumstances, job eliminations at our company came with severance packages. Policy states that I would receive 6 weeks pay since I was employed over 3 years. Since this "new" job has not worked out and my real position was "eliminated", do I have any recourse to get that severance pay?

1 answer  |  asked Dec 5, 2003 2:27 PM [EST]  |  applies to Tennessee

Answers (1)

Alan Crone
FMLA Remedies

You cannot be forced out or retailiated against for taking your FMLA leave. It sounds like you have a very good claim for more money. Please feel free to contact me if you have any more questions or need more information. 1.800.403.7868 or email me at acrone@cronemason.com

posted by Alan Crone  |  Dec 5, 2003 5:01 PM [EST]

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