Travis County Worker Claims He Was Demoted Due to Cancer Treatment

Serious medical problems impose an enormous burden on an individual their family. Whether you’re in the hospital or going back-and-forth to medical appointments, you should have to worry about whether you’ll also be punished at work for the time you missed. 

Unfortunately, an employee of Travis County says that he was demoted following a 10-week absence to treat his Stage 4 colon cancer. Joseph Perry filed a complaint with the Equal Employment Opportunity Commission (EEOC) alleging that when he returned to the county’s Purchasing Office, he had been demoted to an entry-level position despite having worked in the office for more than 20 years.  

Under the Family and Medical Leave Act (FMLA), employees are supposed to resume the job they held prior to their absence. Instead, Perry says he was told by his boss that he would be terminated if he did not accept the demotion. The position Perry was offered paid less than what he had previously earned. Meanwhile, despite a long history of favorable performance reviews, Perry’s old position was given to someone he had actually hired. 

Should Perry succeed in his FMLA action against the county, there are several potential remedies. The Purchasing Office could be ordered to return him to his former position, with back pay to make up for what he lost while in the lower-salaried job. If Perry does not get his job back, his former employer might have to provide what is known as front pay as compensation in the event that he does not earn as much at his new place of employment. Depending on the circumstances and evidence regarding the motivation for the demotion, liquidated damages could be available as well. 

Employers should not violate FMLA, but it can be difficult for a worker to enforce their rights, especially if they’re already dealing with a personal or family medical issue. Hiring a lawyer with proven record of success in these cases gives you the chance to fight back when your rights have been breached so you can secure an appropriate remedy. To discuss a potential FMLA claim or another type of unlawful workplace retaliation, reach out to Kardell Law Group and we’ll explain how the law applies to your situation.