If I am injured in a car accident and miss work due to injury, can my boss demote me from my position?

UPDATED: May 22, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I am injured in a car accident and miss work due to injury, can my boss demote me from my position?

Asked on May 22, 2012 under Employment Labor Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As a general matter, employers do not have to retain (i.e. continue to employ) employees who miss work without authorization or excuse, even if they do so for very good, very understandable reasons--like an injury.

Since an employer could terminate someone who missed work, the employer could do things less than or short of termination, too--like demoting you.

The only times you *can't* be demoted for missing work:

1) You had the employer's specific approval or permission to miss it;

2) You used vacation, sick, personal, or other PTO days which you had earned to cover the absence, and you did so in compliance with all employer rules and policies for such days.

3) Your employer was covered by the Family and Medical Leave Act (FMLA)--which means it has at least 50 employees--and you were elibible under the Act, too--which means you have worked for this employer for a total of at least 12 months, and have worked 1,250 hours or more in the last 12 months--and you took FMLA leave.

(Some states also have their own leave laws, but their requirements generally track FMLA's fairly closely, so if you were not eligible for leave under FMLA, you are not likely to be eligible under state law.)

Apart from the above, you may be demoted for missing work.

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 lock Secured with SHA-256 Encryption