If I was out on workman’s comp for almost 2 years,canmy pay rate be changed upon my return?
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If I was out on workman’s comp for almost 2 years,canmy pay rate be changed upon my return?
Before I got hurt, they were paying me $650 salary but when I go back to work this past week, they said that they now want to pay me hourly. Can they legally, do that? I started work with a written agreement of salary.
Asked on February 16, 2018 under Employment Labor Law, Nevada
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
1) Worker's compensation does not guaranty that there will be no changes in your job or pay.
2) Employers may change how you are paid (e.g. salary to hourly) and how much at will, unless you have a written employment contract for a defined or set period of time (e.g. a one-year, two-year, etc. contract) which is still in effect (unexpired) and which, by its plain terms, locks in your pay; in that case, and only that case, they cannot change your pay until the expiration or termination of the contract.
It therefore appears that, barring a contract as defined above, they can do this.
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