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Does your employer need to give you a job back? - Printable Version

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Does your employer need to give you a job back? - Dirtydawg69 - 11-26-2010

Hi all, I live in Minnesota, I hurt my back in Dec 2006 and have 4 surgeries and tons off other procedures, My attorney told me that my employer does not have to offer me a job of some sorts when Or if I'm able to return,I have been Terminated becuase I could not return to my Hvac job and perform my duties but I have had multiple people tell me that their attorny's have told them that their employer has to find them some type of job when they are able to return? I wan't to trust my attorney's word but it seems odd that all these people were told he opposite?


RE: Does your employer need to give you a job back? - jayne - 11-26-2010

when I first got hurt in Oklahoma the rule was they had to hold my job open...that rule has now changed.....every state is different....and it could come down to your union if you have one...but in most states the answer is no they do not have to hold your job for you.......Sucks for the injured worker,,,but life does go on and that job needs to be filled and the person filling it needs to know his job is sucure also...


RE: Does your employer need to give you a job back? - 1171 - 11-26-2010

not all states have the same work comp rules. those "multiple people" may be referring to other state laws.
or
they don't realize that FMLA job protection rights are limited to on ly 12 weeks a year.
you may have permanent work restrictions that would prevent you from doing the same job.
in that case you may be eligible for vocational rehabilitation benefits.
more here
http://www.dli.mn.gov/WC/PDF/eeguide2wc.pdf
and here
http://www.dli.mn.gov/WorkComp.asp

federal ADA law only requires the employer discuss reasonable accommodations. if they cannot accommodate your restrictions they are not required to create a new job for you.
contact the dept of labor to file an ADA complaint,