My Employer demoted me after being off on workers compensation
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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 8 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 8 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.
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