If I’m out on medical leave due to a work-related accident, can I be demoted?
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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 14 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.
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