Legal Question in Employment Law in Virginia

FMLA violation. I am/ was an accouting clerk. I went out for six weeks due to emergency surgery. When I returned to work I was not able to return to my position because the receptionist had called out the whole week and I had to cover. The next monday which was my second week back I was told that I would no longer be accounting clerk that I have been moved to travel. I inquired as to why I was being moved and asked if I had done something wrong. I was told that I had not done anything wrong and I was being moved just becuase. I wrote a letter to the owner stating I wanted an explanation of why I was moved and to be told how the travel clerk position was equal to my accounting clerk position. My letter was not answered by him but my HR who is also my supervisor that it was a lateral move. The problem is we haven't had travel in months. So now they have me completely other people's task in the office because there isn't enough travel/ any travel to support me like my accounting clerk position. Also the girl that took my position was hired in at a higher rate than me and did not have the same invoicing experience. Do I have a case of FMLA voilation?

Asked on 1/11/12, 3:18 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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As long as you're still receiving basically the same salary and related benefits as in your previous position, I would say, probably, not.

Answered on 1/11/12, 5:17 pm

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