Legal Question in Employment Law in New York

My question is pretty complex in a sense. I've worked at a company for 2.5 years and I was out with a baby from Nov-Feb with health complications after birth. My company merged with the larger company right before I came back. (same company owns both, same building as before) I was houly before and all the other people doing my job in the larger company are salary. Since the mergement they said I can't be salary because it's not in the "budget" But they just hired someone that is the exact same job title as me at a higher pay-And he has no exp doing the job. They also said I can't be salary because I was out on disabilty so long?Is this legal?

Asked on 8/30/11, 9:09 am

Locksley Wade Law Office of Locksley O. Wade

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It appears to be legal as long as you have not suffered a loss in pay due to being out on leave.

Answered on 8/31/11, 3:33 pm

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