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Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 6277
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: 11 months ago.
Category: Employment Law
Expert:  Maverick replied 11 months ago.
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Expert:  Maverick replied 11 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 11 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 11 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...