Legal Question in Employment Law in Oklahoma
Restricted duties Resulting a cut in Pay
Out on medical leave for one month, I come back to work and have restrictive duty. In stead of helping me they tell me that they have to cut my pay from salaried to hourly to $5.75/hr. I am an outside salesman for a cabinet and door shop. I drive to house sites and call on my current customers. I am restricted to drive but can still call my current customers on the phone. I agreed to not have my driving allowance since I'mcurrently not driving. Can you help me?
2 Answers from Attorneys
Re: Restricted duties Resulting a cut in Pay
Sounds like employment discrimination, but not all employers have to follow all the rules, so contact local counsel, because your rights are definitely going to depend upon whether you are covered by the statutes at all.
Re: Restricted duties Resulting a cut in Pay
It appears as if you may have a claim for a possible violation of the FMLA. The FMLA is a leave protection statute. If you are qualified for FMLA leave and if your employer is covered, then you should have been restored to your former position.
You may have noticed a lot of 'if's in the preceding analysis. You need to consult with an experienced FMLA attorney about your situation. You can get more information on the FMLA at my website, www.memphisemploymentlawyer.net.
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