QUESTION
Was it legal of my employer to demote me before surgery and why?
Asked on Aug 20th, 2015 on Labor and Employment - Georgia
More details to this question:
I had to get surgery and the weekend before my surgery I was demoted because I wouldn't be able to fulfill my minimum duties required. I was told I have to take a pay cut as well when everything is only temporary.
2 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would like to have an opportunity to review the company policies, your length of employment, and all of the relevant circumstances before I would give you a firm opinion. Generally you are paid for and qualified for positions that you can actually do and be productive at. If you cannot be as productive as you used to be, absent some form of contractual or collective bargaining agreement to the contrary, your employer can either demote you or terminate your employment altogether. Simply put, you are paid for what you do.
Answered on Aug 20th, 2015 at 2:01 PM
You should consult with an attorney that handles discrimination cases based on handicap. I do not know the answer.
Answered on Aug 20th, 2015 at 1:47 PM