My Employer demoted me after being off on workers compensation

I have been off work sense Jan, of
2016.I will be released to return
to work around the May 13,2016. I
was hired there as the
Housekeeping Supervisor but when I
called to tell my boss I would be
returning to work he informed me
he had hired someone else for my
position and it was no longer
available to me, and I would have
to take a lower position same
pay but no longer in management I
would just be a housekeeper. Can
he demote me for being off on
workers compensation ?

Asked on May 10, 2016 under Employment Labor Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Worker's compensation provides, as the name implies, compensation, or money, for you or your medical costs due to some job-related injury or illness. It does not, however, necessarily hold your job for you, the way your job (or at least a "comparable" job) is held for you if you take time off under FMLA leave. So if you were only on worker's compensation and not also FMLA or some other legally protected leave, your employer could demote you.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Worker's compensation provides, as the name implies, compensation, or money, for you or your medical costs due to some job-related injury or illness. It does not, however, necessarily hold your job for you, the way your job (or at least a "comparable" job) is held for you if you take time off under FMLA leave. So if you were only on worker's compensation and not also FMLA or some other legally protected leave, your employer could demote you.


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.