QUESTION
My grade level and level of responsibility was reduced and I am still on FMLA
Asked on Mar 22nd, 2013 on Labor and Employment - Illinois
More details to this question:
I had to take intermiten FLMA to care for my autistic son in late August in 2012. I was out of the office for very little time and over the last few months have had to take no time off due to FMLA. Today my employer placed me on a PIP and told I am no longer the Finance Manager and changed my grade level. I was also changed from a salaried employee to now having to clock in and out each day. I been at this job for over 7 years. My year end review I was rated valued performer, but at the time was told I was going to be placed on a PIP. I lost the benefit of flexibility in my schedule and the ability to work from home. None of my job task were changed, other than the person reporting to me has to report directly to my supervisor. It seems like they are try to push me out for taking FMLA. Do I have any legal recourse.
1 ANSWER
4 Awards
The employer cannot take any action in retaliation for your having been on FMLA. The only way for the employer to justify its actions against you in the situation you describe is if he can establish that you had performance issues that necessitated this change. Otherwise, the actions may be retaliatory and this would allow you to take legal action. You should speak to an attorney to determine the best way to approach this.
Answered on Mar 25th, 2013 at 9:58 AM