Question about unable to return to current position

[darrinb]

Hi I live in New Jersey, does anyone knows if I am not able to return to my current position can my employer force me to take another position at a lower salary?

[1171]

no, they can't.
they can offer to take you back, but you're free to go elsewhere.

[darrinb]

(02-11-2012 08:57 PM)1171 Wrote:  no, they can't.
they can offer to take you back, but you're free to go elsewhere.

So they don't have to take me back and if they do it is not mandatory for them to keep me at my current salary?

[1171]

(02-12-2012 10:35 AM)darrinb Wrote:  

(02-11-2012 08:57 PM)1171 Wrote:  no, they can't.
they can offer to take you back, but you're free to go elsewhere.

So they don't have to take me back and if they do it is not mandatory for them to keep me at my current salary?

if your employment is covered by FMLA, you have 12 weeks of job protection. but that won't apply if you can't do your job.

under ADA they are required to discuss reasonable accommodation but that doesn't guarentee a return to work at the same pay.

comp does not require the employer to give workers a bonus or reward of a lower level job at higher pay nor does it require the employer hold a job or make one for you.

you may be entitled to additional disability payments from the carrier if you have permanent impairment.
more here:
http://lwd.state.nj.us/labor/wc/workers/...index.html

[lucky]

(02-12-2012 10:35 AM)darrinb Wrote:  

(02-11-2012 08:57 PM)1171 Wrote:  no, they can't.
they can offer to take you back, but you're free to go elsewhere.

So they don't have to take me back and if they do it is not mandatory for them to keep me at my current salary?

No Company is required to hold your job/position at all.