How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Tina Your Own Question

Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31983
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
4460311
Type Your California Employment Law Question Here...
Tina is online now
A new question is answered every 9 seconds

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: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

Are you still looking for assistance with this?

Customer: replied 2 years ago.
Yes, I will need a reply by 7:30 pacific standard time though, if possible.
Expert:  Tina replied 2 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.

I hope you found my answer helpful, even if the law is not in your favor; please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. Thank you.

Customer: replied 2 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 2 years ago.
Do you have the form number of the notification so I can review it?

Customer: replied 2 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 2 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, Attorney
Satisfied Customers: 31983
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    849
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    330
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3443
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.