Legal Question in Employment Law in California

Off work, workers comp - demoted upon return to work

I suffer from dequervain (tendonitis) in my wrists. I filed my claim 1/21/02. I just returned to work after being off on workers comp for 3 weeks and for 3 months immediately prior I was off on maternity leave. Upon returning to work my employer has taken my duties of a Produciton Planning Supervisor and demoted me to a drifter or loaner that would fill in in different departments that need help. They claim this is because it is slow. I have the most seniority in our department and think this position should have been given to someone with less seniority and less responsibility. Can the employer do this.


Asked on 4/15/03, 4:13 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Off work, workers comp - demoted upon return to work

Harassment or Retaliation for your leave is illegal. They are supposed to return you to same or similar job. Consult with a local attorney about presenting your claim, or contact me if you want an expert.

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Answered on 5/05/03, 5:21 pm


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