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Can you be demoted for calling in with FMLA

Albany, OR |

I hurt my neck on the job. My claim has been thrown out. I'm now paying for it, Which I'm fine with i'm over it. I have to use FMLA due to my neck. i went on vacation and had to call in with FLMA, from over using my neck. The day I left for vacation my boss promoted me. I called in after vacation, when returning to work my boss was very angry, sent me home and told me i was demoted and my stuff would be moved when i returned to work with a doctors note. Is he allowed to demote me?

Attorney Answers 1


If you are an employee covered by either the FMLA or OFLA (Oregon Family Leave Act), and you take time that is covered by these act, an employer cannot take adverse actions against you. Adverse action would include demotions, reduced hours, reduced pay, reduced responsibilities, etc. Under Oregon law, even if you turn out not to be covered by the act, or the injury/family medical reason, was not covered by the act, and your employer takes adverse action against you thought you were covered, that is unlawful. You should probably contact an attorney and discuss the detailed facts. Some attorneys will take FMLA and OFLA cases on a contingency fee basis, essentially being paid to win your case.

Information is provided to assist the reader in forming questions and allow them to take full advantage of a consultation with the attorney of their choice. Schuck Law, LLC does not provide legal advice to individuals who have not signed a written fee agreement with the firm. The facts, which were not disclosed in the written question may change the advice, if any, that would be rendered by the attorneys at Schuck Law, LLC. For these and other reasons, Schuck Law, LLC is not responsible for any damages caused by the reader's use, mis-use, or interpretation of the information provided herein.

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