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Maverick
Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 5767
Experience:  20 years professional experience
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When on workmen's compensation can your employer demote you

Customer Question

When on workmen's compensation can your employer demote you and sent you to a different store? Cut your pay when your on salary
Submitted: 7 months ago.
Category: Employment Law
Expert:  Maverick replied 7 months ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters….
Expert:  Maverick replied 7 months ago.
Under Missouri law, your employer may not fire, demote, harass or otherwise “retaliate” against you for asserting your WC rights. If your demotion or transfer was accompanied by one or more of the following then it is not allowed:Decrease in wages or salary;Less distinguished job title;Material loss of benefits;Significantly diminished material job responsibilities;Loss of seniority;Denial of promotion; orActions such as unjustified discipline or negative evaluations, unjustified negative references or increased workload. MORE TO COME...
Expert:  Maverick replied 7 months ago.
The best way for you to handle this is to see an employment law attorney in your area that represents the employees and has some workmen compensation experience. While we are not permitted to refer a lawyer to JA customers, you may wish to contact the the county bar association in your area.
Expert:  Maverick replied 7 months ago.
I forgot to mention, these types of cases are normally taken on a contingency fee basis so that the lawyer only makes money if he wins or settles the case in your favor. It usually is a fee of 35% of what is collected if the case settles or 45% if it goes to trial. They usually ask for a retainer of $1,000 to get started to cover costs of filing and copies, etc...