Was it legal of my employer to demote me before surgery and why? 3 Answers as of August 21, 2015

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.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
KEYL ADR Services, LLC | Mark D. Keyl
MS is an employment at will State, which means that the employer controls the terms of employment. If you are unable to perform the essential job functions of the job you were hired to do, you can be demoted. You have a right to request an accommodation under the Americans with Disability Act.
Answer Applies to: Mississippi
Replied: 8/21/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
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.
Answer Applies to: Michigan
Replied: 8/20/2015
You should consult with an attorney that handles discrimination cases based on handicap. I do not know the answer.
Answer Applies to: Georgia
Replied: 8/20/2015
Click to View More Answers: