QUESTION
Can an employer demote one for being hospitalized for surgery?
Asked on Nov 07th, 2012 on Labor and Employment - Indiana
More details to this question:
Do I have recourse since the demotion from bartender to server is humiliating and reduced my income by 40 percent? Does it matter that the 14 year health condition is chronic? Does it matter the employer was informed of the disability at hiring? Does it matter that occasionally the condition requires hospitalization for pain control or surgery? Does it matter that an employer's manager has been documented telling two patrons "the demotion was for health reasons"?
1 ANSWER
4 Awards
It is possible that your rights to a reasonable accommodation were violated under the ADA, and if you were full time and there are at least 50 employees at the restaurant, the FMLA may apply. Speak to an attorney who can answer your questions once you give him more details
Answered on Nov 08th, 2012 at 10:14 AM