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Is this legal ?

Mojave, CA |

I am a general manager of a hotel of 15 employees. I had a baby and have been on maternity leave for two weeks. I will be returning to work next week. During my leave they told me they were brining in a temporary manager to cover while I was gone. They brought in a couple to take care of the hotel while I was gone. While on leave they then told me that these people will be staying. These people will be living on site get paid more then me and also have certain privileges I don't. He said my pay will stay the same but never mentioned my job title, he said I will have modified duties. Does this sound like a demotion with out them actually saying it is is this legal?

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Attorney answers 3


More facts are needed. What is meant by "modified duties" and why were your duties "modified." You are not protected under Family Med. Leave Act or Calif. Family Rights Act because your employer does not have enough employees. However, it is unlawful to discriminate against an employee because she is pregnant, took maternity leave, etc. If you feel that you are being retaliated against because of those reasons and not work performance, restructuring, etc., call an employment law attorney to discuss.


They told you what the new people are getting paid?


Are you living on site? This sounds highly suspicious. Have you made any complaints recently? I agree with the other attorney response, that if there is anything retaliatory in their decision making you may have a case.

You can always talk with an EEOC local office and make a complaint to be investigated.

This is my opinion and should not be construed as legal advise for your specific case as there are many more facts which you have not provided.

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