Legal Question in Employment Law in California

I went on disability from a work related injury now that the doctor put me back to regular duties they are going to offer me a transfer to a nother location for less pay can they do that?

Asked on 2/02/13, 1:36 pm

2 Answers from Attorneys


Yes, but the transfer must be in good faith not to force you to quit because you have a worker's compensation case and they are trying to get rid of you. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 2/02/13, 4:14 pm

Terry A. Nelson Nelson & Lawless

If your CA employer has at least 50 employees, and you are employed for at least 12 months and have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA / CFRA maternity / medical leave, continuation of any group health benefits, restoration to the same or an equivalent job upon return to work, with any accrued benefits. The employer can require you to use all accrued unused vacations and leave[s] as part of the 12 weeks, so as to make that portion 'paid'.

The return must be to the same or comparable job and pay, unless the employer has actual business reasons and good cause otherwise.

Now, if they violate those rules, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years.

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Answered on 2/03/13, 8:09 pm

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