Employer put employee into lesser job after FMLA leave

During her 32 years with the company, Paula advanced to the position of Senior HR Manager.

In May 2021, Paula requested 12 weeks of leave under the federal Family and Medical Leave Act (FMLA) to care for her spouse who broke her knee and needed multiple surgeries. Paula's leave was approved for 12 weeks but she returned to work after only four continuous weeks off.

She continued, however, to take intermittent FMLA leave.

Returned to a different job

The day after she returned from leave, things began to get complicated. First, the corporate safety manager unexpectedly resigned, shaking up company leadership. As a result, the CEO and CFO met with Paula and "offered" her the corporate safety manager position. Paula felt she did not have a choice if she wanted to stay employed.

The CEO allegedly said, "It is my job to make sure that people... are seated in the proper place on the bus. And we are moving you to the corporate safety manager position."

The corporate safety manager job paid $17,000 less than Paula's previous position as Senior HR Manager and had weaker benefits, including life insurance coverage. Because of the pressure she felt, Paula took the other position.

At some point, Paula was told that while she was on FMLA leave, the company hired someone else for the HR manager position. Paula had to train the new hire. She also heard from two members of the management team that the company "intended to fire her but that the company was being careful about how it would 'get rid of [her].'"

Employee resigned and sued

Because of all this, Paula resigned and sued, claiming that the employer's actions when she returned from FMLA leave created intolerable working conditions, thus forcing her to resign.

In court, the employer argued that Paula had the choice to remain employed but voluntarily resigned.

The court, however, agreed with Paula, that the "offer" for the corporate safety manager position was a demotion, and a "sham" since she had no choice but to accept the position because:

• She was pressured by the CEO to do so,
• The company already planned to hire someone to take Paula's position,
• The "seats of the bus" comment, and
• If she didn't accept or agree to take the position, she would risk termination.

Therefore, the court denied the employer's request to throw the case out. A jury will decide whether Paula voluntarily or involuntarily accepted the position as corporate safety manager, unless the company and Paula agree to a monetary settlement first.

Grey v. Allen Harim Foods, LLC, District of Delaware, No. 22-1172, August 5, 2024.