Legal Question in Medical Leave in Pennsylvania
Restoration to Position
Upon returning to work today, I found my office taken over by another employee. My disconnected workstation in another office and my phone, disorganized files,personal belongings in yet another office. My position is salary and commisioned, based from the sales of all salespersons. (3 total). Prior to my leave, I had the largest sales account; this allowing my co-workers to reap the benefits off the total sales. Upon my return, I am told that my co-worker will retain control over my old major account (which has since decreased in sales) and I will retain two smaller accounts and accept door sales. Since we ''all share'' the distribution of commisions from total sales, the employer seems to think that this is a equivalent position. This seems to me to be a ''grey'' area. What can or can't I do?
1 Answer from Attorneys
Re: Restoration to Position
You asked about return from FMLA leave.
Sue. Seriously. You are the victim of an FMLA violation if your employer is covered by the law. Since you were allowed to take FMLA leave you can assume the employer is covered by the law.
On return from FMLA leave an employee is to return to the same or substantially similar position with no decrease in income or responsibility. Many employers think that if they keep a job open they are OK. Nope. They need to give you back your office or an equal office along with assuring that you have the same income and responsibilities as when you left.
Don't try to negotiate this on your own. Hire an attorney and let him or her negotiate a satisfactory resolution.
Regards,
Roger
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
