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Selected Exempt Employee Florida

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  • Selected Exempt Employee Florida

    I was informed that my position was going to be eliminated and would not be replaced. I am a Clinic manager, and was not offered other management position. They offered me a clerical position with less pay, which is a demotion having other supervisory positions available. They gave me 24hrs to accept. I contacted Tally and they were not aware of such decision since I was having signs of my condition worsening .

    The timing was rather funny because about 2 weeks prior I was involved in a complaint on an ethical issue with one of my subordinates. I was contacted by the EEO and HR manager questioning what was my involvement and why I had contacted Tallahassee HQ.

    I am currently disabled not protected by FMLA, which has been exhausted. I had submitted my Disability pay documents prior to the FMLA exhaustion and were not processed. They have put under unauthorized Leave with out pay. I am struggling not only with my health but financially. I have tried contacting Tally no success with their support, they have directed me to return to work, with a fitness for duty and my Dr's refuses to give me one. If I do not return to work tommorow I will either be diciplined or Fired as the writing has been on the wall for sometime now. Hope some one can HELP..............there is a lot of more incidents that would take more to write.
    Last edited by Michant1; 01-04-2009, 01:55 PM.

  • #2
    If your FMLA has expired then your employer has no legal obligation to hold your job any longer, to offer you another position or to keep you employed. If you have run out of FMLA and you are unable to return to work, it is entirely legal for your employer to terminate your employment unless you have a bona fide contract or CBA that specifically says otherwise.
    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.


    • #3
      ses employee

      I do understand the FMLA protection however the reason of the demotion was related to retaliation due to the involvement with the aforementioned situation, things have been shady since my return from the previous surgery.

      Other staff below my position level have been demoted with no decrease in pay, Also which I hope I am in time to file EEOC complaint for being declined accomodations after surgery due to my disability to work from home, however other employees have been granted the request for pregnancy and non medical related issues.
      Last edited by Michant1; 01-04-2009, 02:08 PM.


      • #4
        Just because other employees have been allowed to work from home does not mean your employer is required to allow you to. Not even under the ADA. That's assuming the ADA even applies, which has not been definitely established. Not all jobs lend themselves to working from home, and there is generally a limit to the number of jobs an employer can have off site without it causing problems for the business. It's not a given that you have to be allowed it.

        I don't think you quite understand. Since your FMLA had expired, allowing you to return to work in a lesser capacity is MORE than your employer is required to do, not less.
        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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