Legal Question in Workers Comp in Florida

I had an injury at my job and was out on FMLA for 12 weeks due to haveing surgery. I recently returned to work and on my first day back I was told that my job status would change from Full time employee to Part time employee. I will keep my same rate of pay and job postition. There was a temp brought in from a temp service to do my job functions while I was out on FMLA They wanted to hire the temp part time with the company and in order to stay in the budget I would need to be put on Part Time Status. I have been with the company for 7 years as a full time employee. Are they able to do this with me just returning to wok from FMLA. They are saying this may be a temporary move until the end of the year or possible into next year.

Asked on 8/25/10, 12:19 pm

2 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

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It seems like this issue has more to do with Workers' Compensation than with FMLA. You should contact an attorney who specializes in representing injured workers and let them evaluate your situation. Workers' Compensation laws are very strict when it comes to reductions in pay or retaliatory actions for filing a claim.

In some cases employers are justified in changing someone's work status, but not always. There are many things to be considered before any action can be taken.

Good Luck.

Answered on 8/31/10, 5:00 am

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