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Demotion upon return to work - Printable Version

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Demotion upon return to work - LISAHARV - 12-20-2010

My husband was injured in July, 2010 with a hyrniated disc while at work. He had surgery in September, 2010 and returned to work today, 12/20/10. Before he was injured he was the Warehouse Manager, Fleet Manager and had use of a company vehicle in lieu of a raise.

When he returned today, he has been demoted out of management, either warehouse or fleet, and no longer has use of the company vehicle. Is this legal? Can they demote him while he was off on workmans comp?

RE: Demotion upon return to work - 1171 - 12-20-2010

yes, in most states.
the Family & Medical Leave Act protects an employees job for 12 weeks.
in most states the employer is not required to hold or create a job.
however the employer cannot retaliate for filing a comp claim.
your husband can file complaint if he believes he was discriminated against.