If I been out on workers comp but am not covered under FM,LA can they post my workposition?

Also, do they have the right to lower my pay?

Asked on September 4, 2015 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1 Worker's compensation does not protect your job or prevent you from being laid off, transferred, demoted, terminated, etc. Rather, all worker's comp does is provide you with compensation for your work-related injury. So worker's comp will not prevent them from posting your job.
2 They cannot lower your pay in retaliation for being on worker's compensation. But they can lower your pay because of performance issues, because you are unable now to work as many hours or in the same capacity as before, or due to restructuring or financial issues.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.