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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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My Employer is offering a temporary alternative job at my company

Resolved Question:

My Employer is offering a temporary alternative job at my company ( I'm unable to perform my original job due to workplace injury). I was called and told an alternative job (completely unrelated to my original job/none of the same skillsets) is available and I am to start the next day. Only location and directions to the job site were provided, no other info about the job ( my original job was commission based, and I have no idea how much I will make or how they will calculate my pay).
Can I refuse the job?
Aren't they supposed to send me info on this job and give me 30 days to reply? If I bring this up with HR, instead of going to this job being offered,am I jeapordizing my career (blacklisted?)
Thanks in advance for any insight onto this matter.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

Are you still looking for assistance with this?

Customer: replied 5 years ago.
Yes, I will need a reply by 7:30 pacific standard time though, if possible.
Expert:  Tina replied 5 years ago.
Can I refuse the job?

ANSWER: You may refuse the job typically since you don't have details with regard to compensation or many other terms of the employment. However, your workers comp benefits can be compromised if the employer makes a bona fide offer of employment suitable to your capacity and you refuse it. Because of this, and the fact you agreed to perform the job, it would typically be best to report to the job as required by the employer and then refuse the position if it is not suitable to your capacity and job skills once you have more information with regard to the nature of the job.


Aren't they supposed to send me info on this job and give me 30 days to reply?

ANSWER: They are not required to provide you with a 30 day notice typically.

If I bring this up with HR, instead of going to this job being offered,am I jeapordizing my career (blacklisted?)

ANSWER: It is best to report to the job as indicated above. If the employer attempts to reduce your benefits if you then refuse the job, it is critical to retain a local worker's comp attorney to represent you and dispute the issue.

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Customer: replied 5 years ago.
There is a WCAB notification form The employer is supposed to fill out with all the details of my alternate employment, this form has an area at the bottom for me to check off if I accept or reject the offer, along with with my signature and date. On this form it states I have 30 days, to accept or reject this offer. However if more than 30 days passes without my reply it is automatically assumed I have rejected the offer. So my question is, does a verbal agreement (over the phone) superceed/forfeit this document? I honestly would like to have written info on the new job before I accept it. If there is any basis for my argument please let me know. I understand officially this may look bad to my employer, but would like to know if legally I am in the clear to ask for written info ( the WCAB form) on this,
Expert:  Tina replied 5 years ago.
Do you have the form number of the notification so I can review it?

Customer: replied 5 years ago.
Well basically its too late to do anything but email HR and request this form or equivalent (unless I am mistaken in thinking it applies to me). Here is the keyword search to pull up the PDF: dwcadform10133_53.pdf
Maybe we could salvage this by helping me word my email to HR, so as to not state anything that could have negative repricussions.
Expert:  Tina replied 5 years ago.
Hello again,

This form appears to apply to the state retraining program or vocational rehab program, which does not apply to your situation as far as I know. Employers are not typically required to provide you with 30 days notice and all the details of a light duty job and if you unreasonably refuse the job, your benefits could be terminated.

I stand by my original answer.

Tina and other California Employment Law Specialists are ready to help you

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