Legal Question in Workers Comp in Nevada

Workman's Comp

My wife (age 61) was injured on the job. She fell and tore her rotator cuff. She had surgery and physical theropy. After 6 months her doctor let her return to work, with a 40lb lift, push, pull restriction. This was no problem, since her job was Supervisor of Housekeeping at a small hotel. The day she returned to work, she was told that the supervisory position no was being elimanated and she would have to do the work of a regular housekeeper, without the restrictions. She was also told that her pay was to be cut from $12 per hour to $10 per hour, and her workweek was cut to only 4 days per week. This was put in writing and the owner of the hotel insisted that she sign the letter by June 6th, or she would no longer have a job.

After an injury, wasn't she supposed to be given her previous job back as supervisor and not demoted. As far as we know, this is the 1st Workman's Comp case the hotel has had and my wife feels that she is being punished for it.

Asked on 5/30/09, 2:37 pm

1 Answer from Attorneys

David Fischer Fischer Sanders, LLP

Re: Workman's Comp

Dear Sir:

Nevada is a right-to-work state which means that an employer has very broad discretion as it pertains to an employee's employment status. In your wife's case unless she had an employment contract or if she has certain guarantees pursuant to a union collective bargaining agreement she has no right to her position. The only other issue might be if it can be shown that her employer unlawfully retaliated.

Call me if you want to discuss further at 702.449.6010

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Answered on 5/31/09, 4:03 pm

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