My mother’s employer demoted her while she was medical leave, can her company do that?
2 attorney answers
Top Contributor 2019
Top Contributor 2018
Top Contributor 2016
Top Contributor 2014
Top Contributor 2013
Top Contributor 2012
More information is needed before an answer can be provided. Was your mom on an FMLA leave? Did they give reasons for the demotion? Did they eliminate the position or simply replace her with someone else?
Is your mom's employment governed by a union contract? If so, if there was any violation of that contract, then your union would grieve it for your mom.
Fred Shahrooz Scampato, Esquire
Law Office of Fred Shahrooz-Scampato, PC, (908) 301-9095. We are dedicated to representing employees in New Jersey administrative, state and federal courts. Answers by Fred Shahrooz Scampato, Esquire, of the Law Office of Fred Shahrooz Scampato, PC, provided in the Avvo website are for general information purposes only. The materials are current only as of the indicated date and must not be regarded as legal advice, solicitation or advertisement. The information provided on this site does not, nor is it intended to, constitute legal advice and is not provided in the course of an attorney-client relationship, nor are they intended as a substitute for obtaining specific legal advice from qualified legal counsel. Transmission of information from this site is not intended to create, and receipt shall not constitute, an attorney-client relationship. Any prior results that are described on our site do not guarantee a similar outcome. Online readers should not act upon this information without seeking professional advice regarding the particular facts and circumstances of each matter.
This sounds like disability discrimination or possibly FMLA retaliation. However, these cases are very fact specific. More information will be needed to advise your mother properly. For example, how long was your mother out of work? Did they hire someone to replace your mother while she was out? Does your mother still have any physical or mental conditions that impact her ability to perform her job? These are just some of the questions that a lawyer will want to discuss with your mother. As this is not a confidential forum, I don’t recommend that your mother answer the questions here on Avvo.com. Instead, I think she should reach out to a lawyer and ask for a free confidential consultation. I hope my answer has been helpful.
Eric A. Shore
Please understand that I do not represent you until we both sign a retainer agreement and that the information I provide here should not be considered legal advice. It is for informational purposes only. I am licensed in PA and NJ and handle employment discrimination, wrongful termination, sexual harassment, social security disability, workers' compensation, civil rights and personal injury cases. I never charge a fee unless I am retained and help my client win.