Does employer have to give me work when I'm released from treatment?

by Fred
(Santa Barbara, Ca. USA)

Does my employer have to put me back to work me after I am cleared to go back to work? I am in a union and I get paid by the hour. Can they not employ me, and simply tell me there is no work? I did get hurt working for them. Aren't they obligated to put me right back to work? Thank you for any information you can give about this.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Does employer have to give me work when I'm released from treatment?":

Fred (Santa Barbara, Ca. USA):

Unfortunately, unless your union has an agreement with your employer and that agreement contains language requiring your employer to accept you back after an injury, you have little recourse.

Further, if you are not working under a written employment agreement requiring your employer to accept you back upon your recovery, then you do not have a legal right to be reinstated. As a result, you employer can terminate you for just about any reason other than discrimination based on sex, race, religion, sexual preference, or age.

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

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Returning to Work Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review:

TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION