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John was promoted to supervisor. He had problems with the new position and was counseled orally and in writing. John took Family and Medical Leave

John was promoted to supervisor. He had problems with the new position and was counseled orally and in writing. John took Family and Medical Leave ("FMLA") to care for a sick child and was out of work 10 weeks. During his absence, Sheila filled in as supervisor and performed very well. When John returned to work, he was advised that he was to return to the job he held before his promotion. Can John successfully sue under the FMLA?

a)Yes, because he had a right to be returned to the position he held when he went on leave.

b)Yes, because his job was not eliminated during his leave.

c)No, because he took more leave than allowed under the FMLA.

d)No, because his demotion was not because he took medical leave but because of his poor performance

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