Roanoke, VA asked in Employment Law and Workers' Compensation for Virginia

Q: Is it legal for my employer to cut my position, wages and hours while I'm under workers comp?

I have been out of work since 9/8/17 under workers comp. on dec 6th my dr lifted my restrictions enough that my employer could schedule me, however she has not. I was the manager earning 11.00 per hour and 40 hrs per week at the time of my injury. after my dec 6th 2017 dr follow up, my employer informed me that if i returned to work I would be demoted, hours cut to 15-20 per week and pay cut to 8.25 per hour or she would agree to pay me jusy over $2000 severance pay to leave but I would have to sign a separation agreement and claims release form. I immediately asked for a copy of agreement I would be required to sign in order to make my decision as she gave me a deadline of 12/29/17. After no response for 2 weeks I made my request again and got a response that I would have 21 days to make my decision once she sent it to me. It has now been another 2 weeks with no response from her so I sent another email request 5 days ago and still no response. Is there anything I can do?

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