Legal Question in Workers Comp in Pennsylvania
demoted while on worker's comp
I have been on comp for 4 months and have been informed that my position has been given to someone else. I am being demoted by with no reduction in pay, but when i am reviewed for pay increases i wiil be rated at the lower level ultimately resulting in lost wages. Can my employer do this ?
Asked on 7/06/00, 9:05 pm
1 Answer from Attorneys
Murray Eckell
Eckell,Sparks,Levy, Auerbach,Monte,Rainer,&Sloane
Re: demoted while on worker's comp
In general, when you go out on Workers' Compensation, the emoployer does not have to hold your job open. However, the employer is also not supposed to retaliate against you for going out on comp. Therefore, one would have to examine the employer's motivation and records to determine if there has been retaliation.
Answered on 9/09/00, 8:52 am