Legal Question in Medical Leave in California
Retuned to work with no job and offered demotion(change of career
Can they take away a job I had worked for 5 years at with absolut no write ups,above standardd evals and after I return from Disability FMLA they have filled my position as a a Prog.Dir. for a Day Tratment fac for the mentally ill and demote me (per corprates written job descrips)to a position of housing cordinator(this position having not to due with direct patient care,as I have ten years off coll exper)in wich my primary duties would become dealing with the property mngts and real estate community.???????
I tried to tell them I was not interested,but learned I was given no Choice. I went to shool for 5 years in the field of Nursing Sciences not Real Estate. I resigned, and still after I miss my job. I was told because the offer was for same pay and opportunity for growth in the company was available this was okay. But like I said If I wanted to be in real estae I would have not paid for all my medical education. Im not sure what to do, They want to settle for 25,000 and thats not even the loss of a years wage,-taxes -Atty fee- the fact they can continue to inflict this type of unethical standards upon other future empyees.
2 Answers from Attorneys
Re: Retuned to work with no job and offered demotion(change of career
For starters, when did this happen? You have no more than one year to bring your claim. What city?
If timely, and assuming you can prove the basic facts stated, you then have to show the change in position was so far from comparable as to be reasonable for you to quit. Their offer to settle may indicate knowledge of guilt, or simply desire to settle for less than cost of defending. Contact me if interested in discussing.
Re: Retuned to work with no job and offered demotion(change of career
If your leave was properly approved, and if you returned within the legal time, and were then forced out, you may make out a case. If interested in discussing, contact me.
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