If I’m out on medical leave due to a work-related accident, can I be demoted?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I’m out on medical leave due to a work-related accident, can I be demoted?

I work for a construction company and was in a car accident that was not my fault. I was it by another car, the other car was at fault. I was in a company vehicle. I have been off work and am under a doctor’s care. I called my boss and he told me I was demoted. I was a crew leader and now he is demoting me to a labor. I am still unable to return to work and I am collecting Worker Comp. I want to know if this is legal?

Asked on September 29, 2010 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can not be demoted BECAUSE of (1) a disability; (2) filing a worker's compensation claim; or (3) taking legally protected leave, such as Family and Medical Leave Act leave. However, this does not protect a worker from demotion or other adverse employment action for unrelated reasons. For example, say that a worker were having performance issues; had violated work policies; had turned out to not have the credentials or experience they thought he had, etc. In those cases, the fact that the worker is injured or on leave does not prevent him from being demoted. So the issue depends on the facts and the reason someone was demoted--is it due to the injury, disability, or leave, or is it for other reason? Note also, that even if the action is because of the disability, etc., it may be permissible if the worker couldn't do the old job and the only job he could do is the one he is demoted to--companies do not need to carry people in jobs they can't do.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption