QUESTION
Is it unlawful to demote a person to a lower entry level position because they are sick? Can I quit and get unemployment
Asked on Jun 21st, 2012 on Workers Compensation - North Carolina
More details to this question:
I live in North Carolina and I have been having health issues. I visited my doctor and my doctor gave me her medical advice for me to move off of 3rd shift for health reasons. My doctor mailed my employer the letter and I was told by my employer that the position available would be one that would strip me of my current salary to a lower amount, my tittle and my tenured status. I feel as though I am being punished for being sick.
1 ANSWER
Plaintiffs Personal Injury Attorney serving Charlotte, NC
Partner at
Price, Petho & Associates P.L.L.C.
2 Awards
Without knowing the details of your illness, I am assuming that your condition does not qualify you as a person protected under the Americans with Disabilities Act. That being said, North Carolina is a "right to work state", meaning that your employer can hire or fire at will so long as it does so in a nondiscriminatory fashion. If you're illness prevents you working third shift, and illness is not a work-related illness, your employer can simply terminate you or move you to a different position If you choose to accept.
Answered on Jun 21st, 2012 at 2:16 PM