Position Given Away while on Maternity Leave

[WAWoman]

Hello,

I work for an employer in the state of Washington that employs over 1,000 people. I am a manager and prior to my leaving I spoke to my supervisor about a poor performing contractor that I was going to let go once I returned. I expressed my concerns and my supervisor agreed with my decision. 9 weeks into my leave I was informed that my supervisor gave my job to this person. I was told by the HR Director, Hr Manager and the Benefits Manager that what happened to my was wrong and illegal. One person even said that the person who was given my job was unethical.

With that said, they have given me a new job with same pay and title but different responsilities. I will not be managing anyone and I feel that this demotion is unfair. I also found out that the person who got my job is making more then I was in the job.

I have been at the company for over 2 years and was the top performer prior to leaving on leave.

I am interested in finding out what they need to do to make this awful situation right and at the same time what recourse I have if any.

Thanks
WAwoman

[WAWoman]

I forgot to add that the role I was given, the person who had it previously was laid off less then 6 months ago as it was decided that it was not needed. Obviously this concerns me as well.

Thanks
WAwoman

[LConnell]

Leave

Were you on a leave under the federal Family Medical Leave Act? If so, the position that you must be returned to must be significantly the same. It doesn't sound so. If that is the case, then your employer may be found in violation of the terms of FMLA, including potentially being seen as retaliating against an employee who is on FMLA. You can read about it at: http://www.dol.gov/esa/regs/compliance/whd/whdfs28.htm