Visitor Question

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

Submitted 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.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Fred,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 6, 2015

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