Legal Question in Workers Comp in California

Modified Work

If my employer has modified duty for me but I do not want to do it. Can I be terminated?


Asked on 4/20/08, 2:56 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Modified Work

You should contact the FEPC to see what their opinion is. I am not that familiar with the field, but I suspect if you are an "at will" employee and the modified work was a permanent position within your injury limits paying about the same benefits, he can fire you. He has made a reasonable effort to bring you back to work and you can not anticipate or demand after being off work for a considerable period of time he will have your old job available. If he held it open for you, would you ever be able to return to it. If the answer is no, then what do think your boss can/could do?

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Answered on 4/24/08, 4:56 pm


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