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  1. #1
    Join Date
    Mar 2007
    Posts
    27

    Default Employer Offered Work At Reduced Pay

    This is a question from California for a friend. My friend was off work on workers comp. She was just recently released back to work , modified duty no more than four hours a day. Employer sent her certified letter with an offer for work for 30 minutes a day, but said it would be at the minimum wage. Can they reduce her pay when the job they are going to have her do is part of the job she has always done? Do you think they just want the insurance company to make up the rest? Also she says the job they are offering would take more than 30 minutes. Any help would be appreciated AAron or Knowitall!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: employer offered work at reduced pay

    Experience has told me to suspect the worst of employers in situations like this. So I suspect they're offering her the work in a wholly insincere manner, hoping that she will turn them down and that they can use her refusal of the work to deny her wage benefits. In the alternative, if she comes to work, they can claim that the offered her accommodation but she was unable to perform her job duties, or they can tell her that the work has run out, lay her off, and then try to cut her benefits on the basis that she's capable of working.

    I think she should try to consult a worker's compensation lawyer about this situation on Monday, and get some information on how she can protect herself and preserve her benefits.

  3. #3
    Join Date
    Mar 2007
    Posts
    27

    Default Re: Employer Offered Work At Reduced Pay

    Thank you very much Aaron. I spoke with my friend ,she said she sent a certified letter back to them with her resignation. They have really run her through the mill. She suffers from anxiety attacks so this has been very stressfull for her. She doesn't care about getting any wages, her husband is able to support them no problem. She just wants WC to continue to pay for her medical as her doctor has not completly released her. Just a side note: We have the same employer.I am taking notes on how they are responding to her case because I can probably expect the same treatment. I will be having surgery this week on my shoulder, and am expecting a positive outcome.

  4. #4
    Join Date
    Mar 2007
    Posts
    27

    Default Re: Employer Offered Work At Reduced Pay

    Trying to think ahead. What if my employer makes me the same offer for minimum wage, and I refuse? If they fire or lay me off can I then get unemployment? I've never made as little as minimum wage. I don't want to just quit before I am released from my doctor because I feel I might have trouble finding another job as long as I'm on modified work. I would like to be able to get some sort of wages in the meantime. Any thoughts? Tahnks!

  5. #5
    Join Date
    Mar 2007
    Posts
    27

    Default Re: Employer Offered Work At Reduced Pay

    OOPS! Thanks! [ dyslexic]

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Employer Offered Work At Reduced Pay

    I would suggest consulting a worker's compensation lawyer in advance, in case that occurs. It seems that your lawyer is likely to try something similar if you are unable to return to work without restrictions. When such unfair offers of "light duty" employment are made, the employer's goal can be reasonably inferred to be to get you to quit or to be able to fire you "for cause".

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