Position eliminated then reopened after taking step down?

I was hired as a manager for a department in healthcare. I worked in this position for a few years and have been with the company for 9+ years. I’ve had meets or exceeds performance appraisals with no write ups. I did have one documented discussion due to having to leave early to help my disabled son (this was once and the documented discussion references no dates/times just that I left early). Due to this, FMLA was approved for intermittent use, but I have not needed it or used it. 2 months ago the VP and director told me there was no longer a need for a manager and my position was being eliminated. I was offered a different supervisor role (step down) with a 10% pay cut. 2 months later they secretly opened the manager position back up, did not tell me and hired a prior subordinate to the role, of a different sex, with lesser certifications/degrees than myself. I feel as if I was unfairly treated and potentially discriminated against in being told the position was eliminated to promote a less qualified individual of a different sex. I feel this may have to do with my application for FMLA. Do I have recourse?

2 answers  |  asked Aug 15, 2018 4:54 PM [EST]  |  applies to Ohio

Answers (2)

Neil Klingshirn
If you were removed and replaced because you applied for FMLA (even if you did not use it) or were perceived as someone who is likely to use FMLA time off, and there are 50 or more employees where you work, you may have a claim under the FMLA.

You can call our office at 216.382.2500 and speak with our administrative assistant, who will gather information about your situation and your employer and, if there is no conflict on our end, offer you a consultation to consider your matter in detail. We do charge $300 for consultations, though.

If you are not in the Cleveland-Akron area, or you want to see if other Cleveland area lawyers charge less for a consult, try the lawyer directory on OELASmart.net, which is the Ohio Employment Lawyer's Association (OELA) website.

posted by Neil Klingshirn  |  Aug 17, 2018 08:33 AM [EST]
David Neel
You might have recourse. You should contact an employment lawyer to discuss the matter thoroughly.

posted by David Neel  |  Aug 17, 2018 08:08 AM [EST]

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