Following a Long Term Disability, I was reinstated, but at a lesser job than I previously held. My old job happened to be open at the time, but I was not offered that position, which pays considerably more than the job they gave me. Is this legal inTexas?

It could be...if you were not on an FMLA leave. How long were you out on leave?

Upon return from a FMLA qualifying leave, you should be returned to the same job or one that is "substantially" similar. However, if you have a disability that prevents you from doing your job with or without a reasonable accomodation, the employer may be able to reassign or terminate you.

To find out about the FMLA, go to the U.S. DOL website: www.dol.gov. To find out more about the ADA, go to the EEOC website: www.eeoc.gov.

Good luck.

Section 29 CFR 825.214 of federal regulations read, "(b) If the employee is unable to perform an essential function of the position because of a physical or mental condition, including the continuation of a serious health condition, the employee has no right to restoration to another position under the FMLA. However, the employer's obligations may be governed by the Americans with Disabilities Act (ADA). See Sec. 825.702."

So, if you are hampered by a condition that will not permit you to return to your former position, with or without accomodation, your empoyer doesn't have an obligation to return you to work. However, if you are able to return to your job but only with a reasonable accomodation that would permit you to do your job, the employer must permit you to return to that job.

This is assuming that you were out due to FMLA.