New York | Employment Law
Legal Question
Work demotion based on a short term disability
I have been under a lot of stress at work and home lately that has been causing me to have heart palpitations. I went to my doctor and he gave me a note for work stating that I should “avoid direct involvement and intervention in the interpersonal relationships of other employees”. This restriction relates to only one area of my job description in which I am required to act as a “charge technician”. I can still perform all administrative duties of a “charge technician”, but I am just unable to handle the stress of supervising squabbles between my co-workers. I am still able to perform every other aspect listed in my job description. The doctor also stated that this is expected to be a temporary condition lasting only 3 months. In response to receiving this note from my doctor, my employer is trying to demote me to a lower position and take 1 to 2 dollars per hour away from my pay. They have stated that since I can no longer perform this one function, that I don’t meet the full job description of my current position. I would like to know if this is legal, since I feel I am being penalized for a temporary disability that I am suffering from.
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