Hey Legal Eagles! Can they do this?

[Ima Facultiwyfe]

My daughter is ready to go back to work after having been on sick leave and disability for several months. The school system says they aren't giving her her job back even though it has not been filled...or even posted for filling. What they are offering her is actually a demotion even though there are no black marks on her record. She's on a tenured career track, but they say they can put her anywhere they want. We're worried it will be in a classroom with a subject matter she's not prepared for, therefore setting her up for failure. They seem to be giving her no say in where she goes.

A new boss was hired while she was away and she seems to have her head made up and has somebody she must want in that job, I betcha.
Love, Ima

[Devil in the Blue Dress]

My daughter is ready to go back to work after having been on sick leave and disability for several months. The school system says they aren't giving her her job back even though it has not been filled...or even posted for filling. What they are offering her is actually a demotion even though there are no black marks on her record. She's on a tenured career track, but they say they can put her anywhere they want. We're worried it will be in a classroom with a subject matter she's not prepared for, therefore setting her up for failure. They seem to be giving her no say in where she goes.

A new boss was hired while she was away and she seems to have her head made up and has somebody she must want in that job, I betcha.
Love, Ima

Is your daughter a member of the NCAE? If so, she can get free advice and assistance in fighting this matter. I speak from experience.

[captmojo]

If there is a union involved, never forget that is what dues are paid for.

[CameronBornAndBred]

I'm not a legal eagle, I just wanted to say I'm thrilled to hear she is able to go back to work!

[bjornolf]

Amazing news that she can go back to work. As for the other, yea, contact the union.

[TillyGalore]

I don't think it's a matter of Ima's daughter feeling well enough to back to work. I think it's more of a case that Ima's daughter HAS to go back to work.

[bjornolf]

I don't think it's a matter of Ima's daughter feeling well enough to back to work. I think it's more of a case that Ima's daughter HAS to go back to work.

Oh, well, in that case, sorry about that. More vibes and prayers.

[Ima Facultiwyfe]

I don't think it's a matter of Ima's daughter feeling well enough to back to work. I think it's more of a case that Ima's daughter HAS to go back to work.

You got that right, Til. She still has leaking tubes coming out in two directions. Yet she has to stake this claim, ready or not. She's asked to come down to central office to get copies of her evaluations, just to make sure they were as stellar and she remembers them to have been. (Her copies are buried deep in storage since she had to move out of her condo.

She's seeing a lawyer on Wednesday morning so she'll know exactly where she stands. Bottom line she can't afford to go back into a classroom where they want to put her. She has so much medical debt already and with a salary decrease and all the out-of -pocket expense of running a classroom, she'd just go under for sure.

She's holding up really well, though. Thinking pretty straight in spite of her fear. I guess when you been through all she has you get so you can face most anything. Just wish we could get to a place where there wasn't another brush fire to put out so we could all do something fun for a change. We need it a LOT....her especially. Her life has been so painful and grim for so long, now to get slapped down like this just when she was beginning to see the end of the tunnel. These people are just idiots, bless their hearts.
Love, Ima

[captmojo]

Whatever happens on the job front, first and foremost, we pray for her health.

[TillyGalore]

My daughter is ready to go back to work after having been on sick leave and disability for several months. The school system says they aren't giving her her job back even though it has not been filled...or even posted for filling. What they are offering her is actually a demotion even though there are no black marks on her record. She's on a tenured career track, but they say they can put her anywhere they want. We're worried it will be in a classroom with a subject matter she's not prepared for, therefore setting her up for failure. They seem to be giving her no say in where she goes.

A new boss was hired while she was away and she seems to have her head made up and has somebody she must want in that job, I betcha.
Love, Ima

As a Durham taxpayer, is there anything I can do?

[wilson]

Both of my parents worked in the public schools, first as teachers and eventually as principals, for 30 years. They worked all the while for the Atlanta Public Schools, but I'll at least ask if they have any counsel.

[Ima Facultiwyfe]

[/quote]As a Durham taxpayer, is there anything I can do?[/quote]

I doubt that , darlin. but you sure are precious.
she looked into joining the union. $450 bucks. She's not that flush right now for obvious reasons. She's seeing a lawyer on Wednesday. If the lawyer says it's worth it.......maybe.

We understand cutbacks and reorganization, etc. But this job is sitting there and hasn't been offered to anybody else (unless under the table, of course). The same job that's been hers all along and that she has more experience in than anybody they could hire. What we want to know is can they demote her arbitrarily when she's performed well in it in the past. She's requested a meeting to go through her files and evaluations to make copies to take to the attorney.
Gotta stop now, before I lose my sweet sense of humor.
Love, Ima

[captmojo]

As a Durham taxpayer, is there anything I can do?[/quote]

I doubt that , darlin. but you sure are precious.
she looked into joining the union. $450 bucks. She's not that flush right now for obvious reasons. She's seeing a lawyer on Wednesday. If the lawyer says it's worth it.......maybe.

We understand cutbacks and reorganization, etc. But this job is sitting there and hasn't been offered to anybody else (unless under the table, of course). The same job that's been hers all along and that she has more experience in than anybody they could hire. What we want to know is can they demote her arbitrarily when she's performed well in it in the past. She's requested a meeting to go through her files and evaluations to make copies to take to the attorney.
Gotta stop now, before I lose my sweet sense of humor.
Love, Ima[/quote]




Appeal to the most basic of their understandings...MONEY. She is much more readily equipped to step BACK into the position than a new person.

[Miles]

It's my understanding that FMLA requires employers to return employees to an equivalent position; same salary, same hours, responsibilities, etc. It appears that your daughter is already taking the appropriate action. As always, my heart goes out to you, your daughter and the entire Clan Ima. Hang in there.

[Miles]

From http://www.dol.gov/esa/whd/regs/statute ... EC_104_EBP

SEC. 104. EMPLOYMENT AND BENEFITS PROTECTION.

RESTORATION TO POSITION.--
IN GENERAL.--Except as provided in subsection (b), any eligible employee who takes leave under section 102 for the intended purpose of the leave shall be entitled, on return from such leave--
to be restored by the employer to the position of employment held by the employee when the leave commenced; or
to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.