Legal question about returning to work from accident

[Dr.Manhattan]

Thanks for the suggestions, this thread can be deleted

 

[Gary]

I know we have a few lawyers and legals that hang around here, so I wanted to run this by you to see if I can do anything about this.



I have worked full time with this company for 9 years now. I was involved in a motor vehicle accident 7 months ago and have been off during that time. I have enrolled in school, and told the company I would like to come back, but as a part time employee, considering they don't allow people in my full time position while also enrolled in school ( just no time for it ). They are telling me there are no part time spots available, only full time, so if I don't want my position back I am going to have to quit and just go to school. I asked them how about just a severance package, since I have been there for 9 - 10 years, I can collect a handsome sum of money to let me go. However, again they denied that saying my job is available, I just don't want to take it.

Now coming back from my accident, they will give me my job back, but it doesn't sound like they are helping me transition back. I am not sure if they are obligated to give me part time work if I ask for it so I can go to school or not. Am I screwed or do I have any options ?

I hope you haven't signed off with the ins company.
If you have, you're on your own.
After personal injury, there's a considerable difference between,
a) "I just don't want to take it ("my job back"),
b) "I'm unable to perform my previous job, due to injuries suffered in a MVA".
Which is it?
The transition part should be worked out through your physio, unless you're a member of a decent UNION.

Since you were not injured at work, I think your company is being very accomodating by offering you the old job back. It's likely that someone has been doing your duties since you were injured.

BTW.......it's quite easy to get at least 30 minutes, at no cost with a personal injury lawyer. This is the route I'd recommend (from experience).

 

[Macs]

I hope you haven't signed off with the ins company.
If you have, you're on your own.
After personal injury, there's a considerable difference between,
a) "I just don't want to take it ("my job back"),
b) "I'm unable to perform my previous job, due to injuries suffered in a MVA".
Which is it?
The transition part should be worked out through your physio, unless you're a member of a decent UNION.

Since you were not injured at work, I think your company is being very accomodating by offering you the old job back. It's likely that someone has been doing your duties since you were injured.

BTW.......it's quite easy to get at least 30 minutes, at no cost with a personal injury lawyer. This is the route I'd recommend (from experience).

Pretty sure it's A) in which case you're far from screwed, you just don't get what you want which frankly comes across as very selfish

 

[AGAVE]

Take the job back and say thank you.
Now do the job much less gooder than before, they will gladly offer you a severance package to leave.

 

[Brian P]

Take the full time job back. That you have opted to take school in the meantime and that it is not finished by the time you are medically ready to go back to work, is not their problem, it's YOURS.

If you opt to choose school and no job ... it's YOUR choice. The company doesn't owe you anything. You don't get severance for quitting - which is essentially what you are doing, if you are medically cleared for return to work and are choosing not to.

If the schooling could potentially lead to a higher paying job than where you have been up until now, that's another matter.

 

[murf]

Why would they need to know you are in school? Just do your job and go to school without telling them about school.