Visitor Question

What are my rights after returning to work?

Submitted By: Joe (Woodbridge, NJ)

I was hurt on the job and was wondering what my rights are after my return to work. The company wants to reassess my current position and maybe change my responsibilities. They either want me to do more than what the doctor said I could, transfer me to a different location, or leave company.

Can they legally force me to transfer in lieu of being terminated? This is a New Jersey case. Thanks for any information you can give.

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 Joe,

Unfortunately the company can reassess your current position and do pretty much as they please. As long as the reassessment isn’t based on race, creed, age or sexual preference the company has a right to change your responsibilities, transfer you, or permit you to leave their employ.

Depending on the size of the company there may an appeals process you can take advantage of. Additionally, if there is a union in place they may be able to intervene on your behalf.

Speak with your doctor. Ask her to write a narrative which specifically addresses your physical limitations brought on by the injury. That medical narrative may help you to change your employer’s mind, especially if the doctor who treated you is one designated by your workers compensation insurance company.

If your employer isn’t covered by workers compensation insurance you can still rely on the doctor’s medical narrative. It may be able to persuade your employer to allow you to remain at your present position with the same responsibilities.

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 28, 2013

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