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  1. #1
    Join Date
    Mar 2012
    Posts
    1

    Default Can I Be Laid Off While on Workers Comp and Replaced Immediately by a Part-Timer

    My workers compensation claim was made in the State of:California

    Can I be laid off as a full-time employee while on Workers Comp under one title, and be immediately replaced by a 36 hour part-time employee with a different title performing my same duties. I trained this person and they were performing my duties while I was out. I was supposed to be out 3 to 4 months but I have been healing very slowly and may require another surgery which would have had me out of work over a year. My employer said they were going to lay off several employees due to financial reasons and I was one of them. They have only laid off 4 employees (one was a part-timer on workers comp as well) and hasn't laid off the rest of the personnel that they stated they would be doing. I am still being paid disability checks under workers comp, but now I lose my benefits which in essence is in total $10,000 a year. They decided to change the title of my position and make it a part-time position under a different title that was used about 20 years ago.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Can I Be Laid Off While on Workers Comp and Replaced Immediately by a Part-Timer

    ER's are permitted to make decisions in the best interest of the company.
    Unless you are eligible for unpaid leave under FMLA, which provides up to 12 weeks/annum job protection as well as ER paid benefits, you can be laid off, or terminated at any time.

    Most GHP/Group Health Plan carriers restrict coverage to full time (working) EE's... full time being generally defined as 32+ hours per week. You should have been offered COBRA long ago if your ER was terminating your GHP coverage.

    As long as all EE"s are treated/considered the same, whether lay off or termination, there is no harrassment/discrimination.
    ER"s often terminate IW's once the FMLA/12 weeks have passed... it frees up the budget for replacement.

    This does not relieve the ER of consideration of making an offer of a permenant job once you are declared MMI, and released to return to work. That would also depend on any permanent restrictions you may have due to this injury. Your ER is not required to move another EE, or create a job for you though.

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