Moved from my department after recovering from my injury...

by Henry
(Chino hills, CA)

I had a slip and fall accident at work and was injured. It took me 8 months of rehab to recover. I was moved from my department of 22 years into another department. Is it okay for my employer to do this even though the fall came from their negligence? This happened in the state of California. Thank you.

Visitor Question:
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ANSWER for "Moved from my department after recovering from my injury...":

Henry (Chino Hills, CA):

Yes. Unless your employee manual, or other in-place written rules proscribe your employer from reassigning you to another department, she will be well within her rights.

An employer has a right to run her business any way she wants to. If she wants to relocate or reassign an employee, she is probably doing so for economic reasons and not to spite you or in any other manner punish / reprimand you.

You have to remember it's her business, literally and figuratively. As a result, unless there is an appeals process in place, your employer can even fire you if you don't like the transfer. And that's so even if the reason for your not being able to work is as a result of a work injury.

In the absence of a written policy against reassignment of personnel who have suffered on the job injuries, an employer can reassign personnel any way she sees fit. And the same employer can terminate you unless you accept her decision for reassignment.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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