Reduction in Pay After Returning from FMLA

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Reduction in Pay After Returning from FMLA

Post  missychiqui on Thu Sep 18, 2008 5:47 pm

I live in CA and returned from FMLA-pregnancy two weeks ago. I am an exempt Assistant Director doing Patient Services, Financials, Budget Planning and Human Resources working M-F days. In the interim of my leave another manager was hired to do the Financial portion of my job, earning more than myself. Upon my return from my leave, I was told that the new manager would take over the Patient Services portion of the job since the hours had been changed to nights/weekends and I would remain doing Financials, Budget Planning, Human Resources, etc.

Now two weeks later they are asking me to take a cut in pay. Is this legal? I thought you had to be offered your same job or equivalent at the same rate of pay? Mind you, the new manager is only doing Patient Services and making his same rate of pay???

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Re: Reduction in Pay After Returning from FMLA

Post  JoeC (McGruff) on Thu Sep 18, 2008 10:46 pm

Contact an attorney the company will probably argue that you did get the same position upon return. Now they are changing the position to a lower paying position,and abolishing the old position.

Is the newly hired manger a male? If so there could be a violation of the equal pay act, or the state of Ca. equivalent statute.
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Update

Post  missychiqui on Fri Oct 10, 2008 7:26 pm

So now they are telling me this was by mutual agreement. I stated that I did not agree to anything. Employer changed the position and told me where I would be working upon my return of FMLA. I advised that the new manager is making more than I am without the knowledge or experience base to which there was no reply.

I was then advised that I would probably not get a cut in pay; however, I would probably not receive my rate increase this year. Any advice, still get a lawyer and if so do you have the name of any in southern california, palm springs, preferably.

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Re: Reduction in Pay After Returning from FMLA

Post  JoeC (McGruff) on Fri Oct 10, 2008 11:49 pm

Yes contact an attorney I can think of a few in southern California Mike Tracy in L.A, Walter Haines in long beach, the other administrator Arkady is in the bay area he is an attorney see the forum attorney client relationship in this forum, the list there so far is tiny but as more posters join the list should expand. N.E.L.A has a website of their approved attorneys:
http://www.nela.org/NELA/ you can enter your zip code and get many contacts.
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Re: Reduction in Pay After Returning from FMLA

Post  bears00 on Sun Oct 12, 2008 6:22 am

I would DEFINITELY seek the advice of a qualified attorney. It can be a bit difficult for an employee to fight a R.I.F. (layoff), but they didn't let anyone go....THEY ADDED STAFF!!! It sounds to me like they WANT YOU TO QUIT!
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