If my doctor put me on permanent modified due to medical problems, is it right to have to demote for less pay?

Asked on August 3, 2015 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you cannot do your old job, then yes, you may be demoted--you could even have been terminated. While employers have to make certain "reasonable accommodations" for disabled workers, such accommodations cannot be too costly or too disruptive for the employer, and the employee must be able, with some accommodations, to do his or her job. If an employee can't do his or her job with some reasonable accommodations--for example, he or she must be on "permanent modified"--the law does not require the employer to keep him or her; employers don't have to employ people who can't work at what they were hired to work at. So if you are on "permanent modified," then it is very likely that your employer could demote you, and could even have terminated you.

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