Q: On WC, still working light duty. Was told today I have to increase to 40 hrs a week or turn in my resign by Friday.
I am a 32hr salary employee. Can they make me go to 40hts? I don't see orthopedic MD until the 21st. Injury was May 9th
A:
They are trying to bully you. If you have not been released to 40 hours you do not have to perform 40 hours. They do not have to keep you, but if they lay you off while on light duty you enjoy a presumption that your loss of earnings is related to your work injury which will normally allow you to collect workers' compensation wage loss benefits.
DO NOT RESIGN!!!! You cannot be forced to resign. If they do not have work, they can let you go. If you resign they will have a valid argument that your loss of earnings is due to your resignation rather than your work injury. This will allow them to deny your wage loss benefits, and also provide them with a defense if you try to have your wage loss reinstated.
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