Can my employer reduce my salary to hourly becauseI broke my ankle?

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Can my employer reduce my salary to hourly becauseI broke my ankle?

Asked on July 10, 2011 under Employment Labor Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no general answer--it depends on the exact situation.

1) Generally speaking, employers cannot discriminate againt the disabled, but  must instead offer them "reasonable accomodations" (see below); the issue is whether a broken ankle counts as a "disability," since to be one, it must sufficiently affect the normal routines of life and your ability to do the job--so it's not automatic that a broken ankle would qualify as a disability.

2) Even if your broken ankle is a disability, the only obligation is to provide a "reasonable accomodation." If you could not do your job with a broken ankle and so you have been given either a different job or reduced hours or responsibilities, retaining you while giving you a lower salary may be a reasonable accomodation.

If you believe that you may have been discriminated against in an unreasonable way, you should consult with an employment attorney to evaluate your situation.


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