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My employer has a return-to-work program. Since I am unable to perform my normal duties, a "modified" or "light duty" position has been offered to me. However, it doesn't pay near what I made in my former position. Am I required to accept the lower paying position?

2007-03-22 10:10:29 · 8 answers · asked by Opal M 1 in Politics & Government Law & Ethics

I had bilateral carpal tunnel release surgery on both wrists due to a work related injury. I have been released to "light duty" or "modified" work by my physician. My employer has a return-to-work program and has offered me a position that doesn't pay anywhere near what my former position paid. Can I be forced to accept a lower paying position?

2007-03-22 10:39:11 · update #1

8 answers

Unless you are in a union they can cut your pay at any time.

2007-03-22 10:22:38 · answer #1 · answered by Anonymous · 1 0

It would depend on a LOT of things that are not specified - like, for example, what COUNTRY you live in - whether your absence was due to on the job injury, military service, etc. Also, whether the new modified work you do is as valuable to the employer as what you did previously - whether or not you will ever return to previous duty - what your union contract and local labor laws specify - big question. Also, I am sure you would not be "forced" to accept the lower position - they would probably let you leave if you preferred.

2007-03-22 17:14:41 · answer #2 · answered by All hat 7 · 1 0

Consult a labor attorney immediately. Laws vary from state to state- protect yourself before you accept the position.
Good luck.

2007-03-22 17:13:41 · answer #3 · answered by samthecatrocks 3 · 1 0

What happened that you have to "return-to-work"? Were you out on a medical or health related leave?

If you were on a medical leave, including maternity/paternity leave, they have to have your original position open for you or one that pays equal to or greater than what you were previously making.

Don't let them jerk you around, you've got to be able to put your bread and butter on the table! =)

2007-03-22 17:15:53 · answer #4 · answered by Fluffington Cuddlebutts 6 · 1 0

Unless your union is taking care of you, you will do what your employer asks of you. My sister was on maternity leave for six months and has her old job back with the same pay thanks to her union.

2007-03-22 17:14:26 · answer #5 · answered by gloria w 3 · 1 0

From where are you returning? Giving birth, serving in the US military? Amnesia?

2007-03-22 17:14:36 · answer #6 · answered by BOOM 7 · 1 0

You aren't required to do anything that you don't want to do. Unfortunately however if that's all they are offering you, they aren't required to pay you the same wage as before.

2007-03-22 17:14:31 · answer #7 · answered by Salt 2 · 0 1

well you can always go elswhere if you are still talented enough to cut the mustard

2007-03-22 17:13:22 · answer #8 · answered by q6656303 6 · 0 1

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