Is it legal for my boss to demote me after a doctor put me on restricted work duty due to an injury I sustained at work?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it legal for my boss to demote me after a doctor put me on restricted work duty due to an injury I sustained at work?

My boss has recently come to me and told me that I am being demoted and part of my pay is being taken away. He said it was because I am unable to perform all the responsibilities required of me in the food service position I have.The injury that I have sustained, however, is an injury I obtained at work while working and I have a workers comp claim because of said injury.The restricted work duty I am on is on the advice of a doctor that I have been seeing that the workers comp insurance company has picked for me to see. Is this legal for him to demote me?

Asked on April 27, 2012 under Employment Labor Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is legal to transfer, demote, or even terminate you if you simply cannot do the work for which you were hired; what is illegal is to do these things to retaliate against you for filing a worker's compensation claim. Employers are not required to employ people who cannot do the position they were hired for. So, if your work restrictions prevent you from doing your old job, the employer may move you to a different position; and if that position would be paid less, due to its responsibilities or training/experience required, you could be paid less.

Again, the critical issue is whether this is legitimately an adjustment caused by your inability to do all the responsibilities of your old job, and if the lower pay is the appropriate pay for your new position, which would be legal; or if you are being punished for having sought worker's compenssation, which is illegal. If you think this is retaliation or punishment, you should either contact your state's department of labor or speak with an employment law attorney.


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