Can I still file a suit against a business that demoted me while I was on FMLA in January of 2009?

Asked almost 2 years ago - Port Huron, MI

I followed all channels and had a hysterectomy and was called in one week before I was scheduled to return to work so my manager could demote me and drop me from full time to part time status, take away all benefits and vacation time earned and gave my position to someone else. I wasn't aware that it was illegal for her to call me in while on FMLA to do so until now, am I out of time?

Additional information

This was in Michigan and even my district manager told me that my manager was told to NOT call me in to discuss these actions while I was on FMLA, to wait until I returned, but my manager did so anyways.

Attorney answers (2)

  1. Stuart M. Address


    Contributor Level 16


    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . It sounds as if you may have had a viable claim. However, it does seem like you have wait beyond the statute of limitations for the federal Family & Medical Leave Act. I don't think anyone can be done under these circumstances but you should consult a local attorney as you may have other state law claims available.

  2. Christine C McCall


    Contributor Level 20


    Lawyers agree

    Answered . 4 years is well beyond the statute of limitations for bringing an action based on these facts, but you may want to contact a Michigan employment attorney to discuss whether there is any possibility of any issue operating to toll the statute in this matter for any part of the years since the event.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more

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