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About to return from leave, received phone call to stepdown, in a CA Corp California

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  • About to return from leave, received phone call to stepdown, in a CA Corp California

    Help!!

    Started with the company over 3 years, began medical leave (pregnancy related) in Oct 08, gave birth in Dec, planned to return in March).

    I'm about to return back to a large corporation in CA, received phone calls from manager stating that my previous position is no longer available, as they've recently promoted 2 other people to fill the positions. She asked if I am willing to step down to a lower grade position, while keeping the same compensation but down grade the work and my title.

    Can the employer do this? Is this discrimination? Help........

  • #2
    I answered this in your PM. There's no evidence that it is discrimination (since it sounds as if the same thing would have happened regardless of why you were out), and you have exceeded your protected benefits under Federal law, but depending on details you did not share you may have recourse under CA's more generous laws. Contact the DFEH for additional assistance.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      If you're covered by PDL and CFRA, you would not have exceeded your leave entitlement. You're entitled to up to 4 months for pregnancy disability leave AND 12 weeks of CFRA bonding leave. Your employer is required to reinstate you to the same or comparable position.

      Is there any evidence that they would have promoted these two people to your position had you not taken your leave? If they did this because you were out on leave, it's probably not legal.

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      • #4
        However, just to clarify, "some" women will not qualify for the total 7 months. (though in this case seems she would not have used up her "normal" entitlement under PDL & CFRA)
        Last edited by Betty3; 03-08-2009, 08:27 PM.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          next step....

          Thanks for your info and suggestions!

          Would you suggest I contact DFEH and file a complaint, or hire a lawyer? And, in the mean time, should I comply with the new assignment (step down)?

          Thanks again!

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          • #6
            Contact the DFEH to start.

            I would take the job offered. If you don't accept offered work, you probably wouldn't be able to get unemployment ins. benefits.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              I would contact the DFEH. They may be able to resolve the issue during their investigation. It doesn't cost anything, although the process is long.

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