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

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

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