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  1. #1
    Join Date
    Jun 2017
    Posts
    3

    Wink Reduction of Pay and Position After Return from FMLA

    My question involves labor and employment law for the state of: Texas

    I was an Assistant Dispatch Supervisor went on 6 week FMLA, when returned I was told that the position was no longer needed, Supervisor could do it all. Supervisor and new dispatcher became friends and she had her doing my job while on leave. Today they made her the new assistant, just wanting to see if this is legal. If so that is okay, just wasn't given chance to even apply if it was a open position.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Return from FMLA Lost Position and Pay

    Did they put you into another job? If so, what was it?

  3. #3
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Return from FMLA Lost Position and Pay

    one question to add to cbg's --> what period of time was there between when you returned (or were terminated) and she was given your old job/title/pay?

  4. #4
    Join Date
    Jun 2017
    Posts
    3

    Default Re: Return from FMLA Lost Position and Pay

    [QUOTE=cbg;1029870]Did they put you into another job? If so, what was it? Now just back to regular dispatching and cut my pay 3.50 less. The time was 5 months between my being released from position to her being put in the position.

    Now just back to regular dispatching and cut my pay 3.50 less. The time was 5 months between my being released from position to her being put in the position.

  5. #5
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Return from FMLA Lost Position and Pay

    just so I understand the timeline, immediately when you returned from FMLA, the position was no longer available and you were demoted to regular dispatch and took a pay cut. For 5 months both you and the newer dispatcher held the same position and neither of you were performing Assistant duties. Then the newer person was given the position without any notification that the position was again available?

    A lot is going to depend on what happened in the preceding 5 months -- were there any performance reviews/issues/warnigns, department reviews/ budget changes.... did the Supervisor realize that the dept really needed an Assistant? Those details may make it hard to prove that the decision was made strictly because you used FMLA timeoff. If they had reasonable business justification for the moves and documentation, it will be almost impossible to prove a direct link.

    What are the rules about internal job posting? Did it get posted and you just didn't see it?

    Your best bet honestly is to run all the details by a local attorney. If they had done this immediately, you would have a good case. The 5 months in between makes a case questionable.

  6. #6
    Join Date
    Jun 2017
    Posts
    3

    Default Re: Return from FMLA Lost Position and Pay

    She was helping with the duties while I was out, and when I returned. Then I was told that position was no longer needed the supervisor could do it all, but the other dispatcher continued doing the duties I once had done. Five months time passed that is when her time for a year on the job. There was no posting of the position. I have been there 13 yrs and my supervisor has only been there 1yr and half. I just needed some kind of guidance on what is legal and not. Thank you for helping me out.

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