Legal Question in Workers Comp in California
Rights while receiving TDD
I am a sales employee with base plus commision and bonus. I was off for 8 weeks recovering from a W/C injury. While off I spoke every day to the person covering my area, in essence, providing direction. Am I entitled to any commision and/or bonus since it was my direction that maintained my sales quotas? After I returned I was told by another employee that my employer should not have contacted me while off and since they did I was entitled to compensation. Thank You.
1 Answer from Attorneys
Re: Rights while receiving TDD
This can be tricky. You cannot receive salary and Total Temporary Disability (TTD) at the same time. It is one or the other. I assume you are receiving TTD. If you are able to work, either from your home or at the ofice, you may not be truly TTD. I would not push the issue as you may lose both.
I think it is commendable that you continue to "help out" and it shows loyalty and committment to your position. May be good for your evaluations, but I would not try and take advantage from a monetary stand point.
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