How can an ER lay someone off while on WC?
I thought an IW was not suppose to be laid off and accomdate for restrictions or RTW with restrictions.
My ER has started a 2nd shift, looking for a 2nd shift supervisor etc. and have no "hardship" to show.
My ER is saying that the restrictions have no bias for the prior position that I "had". Long story short to explain prior position. Was hired to get guidelines for setups/procedures etc. Was taken out of position to be trained how to setup deep draw dies. During training is when I was injured then put on light duty etc. Now at MMI and to RTW with restrictions but on "lay" off that is over because it was only for 1 month this past Dec.
What justification is there to "not" bring me back?
I am sure this is a starve tactic. I am not refusing to work they're saying I'm laid off with 10 others who have already returned to work. "If" I am laid off then should be getting WC since they are not accomdating me. This is where ER's should be penalized for screwing with an IW.
Is this legal?