Supplemental Job Displacement Voucher-Resignation (Californi

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Supplemental Job Displacement Voucher-Resignation (Californi

Postby wcscout on Thu Feb 28, 2019 12:05 pm

Is there any case law on entitlement to voucher if an applicant previously resigned?
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Re: Supplemental Job Displacement Voucher-Resignation (Californi

Postby LawAdvocate on Fri Mar 01, 2019 8:48 am

Nope. The code is pretty black and white. Did the employer offer a modified or alternative job? If not, they owe the voucher.
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Re: Supplemental Job Displacement Voucher-Resignation (Californi

Postby 50Cal20 on Mon Mar 04, 2019 8:45 am

Of course if an employer really wants the injured worker to return back to work for them, they can always timely offer a permanent mod/alt job. Then it will be up to the employee to decide if they want to quit their new and and return. I have only seen it happen once where a former employee accepted an offer of a permanent mod/alt job. Obviously most employers so not want to offer a job to a former employee, but if one was offered where the employee refused to quite their new job and return, then a voucher would not be due.
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Re: Supplemental Job Displacement Voucher-Resignation (Californi

Postby LawAdvocate on Mon Mar 04, 2019 11:54 am

But usually by the time the employer figures it out that they should have made an offer, it is overdue. The offer MUST be timely. So I end up getting the voucher for many applicants.
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Re: Supplemental Job Displacement Voucher-Resignation (Californi

Postby 50Cal20 on Mon Mar 04, 2019 1:45 pm

You are absolutely correct Law Advocate that most employers do not issue a timely offer of permanent mod/alt work. But there are a very few of those out there who take pride in their work and do timely issue notices or who hire a professional firm to timely respond to voucher issues. But like you said, for the most part employers do not timely respond.
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