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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18813
Experience:  Employment/Labor Law Litigation
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I have worked employer years and was on workers

Customer Question

I have worked for my employer for 31 years and was on workers comp.for 7 months for an on the job shoulder injury. I am released to go back to work but my job was eliminated and
I was offered a position for les than half of my previous wages, do I have to take the job offer?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.
You don't have to take the job offer, no. You can seek unemployment and if they try to claim that you gave up a job or quit, you have the argument that the position was for a significantly smaller pay rate. A reduction in pay is a sufficient reason, when the pay cut is large enough, to allow you to quit a job or refuse employment and still claim unemployment.
Expert:  Allen M., Esq. replied 1 year ago.
Unfortunately though, that is the only option you'd have. Being on WC doesn't actually protect your job from termination or elimination. Only the FMLA does that and it doesn't do so for 7 months, only 12 weeks.