Separation Notice

[jamboski73]

Georgia, USA-
Hello forum. Quick question. I have been on sedintary duty at the Red Cross for about 4 months now. It's a new program the company I work/worked for has now, to allow an injured worker to return to work on light/sedintary duty if able. Today I get a "SEPARATION NOTICE" from this company I was injured at. It read.. "(the companies name)is near contract completion and is no longer going to be working in the state of Georgia." It was also checked "Lack of Work." My question is can this company lay me off while on sedintary duty and if so, what's next.. how do my benefits change? FYI- I was getting 2 checks, one from my company and one from the IC for 2/3 of previous wage. Thanks for any and all replies in advance friends.

[1171]

yes; having a work injury does not give you immunity from termination.
there won't be a change as long as your restrictions continue and Red Cross is able to supply modified work.

[jamboski73]

Awesome 1171! I knew you would have a speedy reply along with a few others here at the forum. So this really means that I can still work at the Red Cross? Also how about benefits..who will make-up the difference in benefits/pay since I am layed off from this company now 1171?

[1171]

unfortunately no one.
you'll be on your own as many of the unemployed are.
hopefully you can find new employment when your modified work ends and you are release without restrictions.

[LeglEgl]

(11-22-2011 05:43 PM)jamboski73 Wrote:  I have been on sedintary duty at the Red Cross for about 4 months now. It's a new program the company I work/worked for has now, to allow an injured worker to return to work on light/sedintary duty if able.

Great program. It would be great if more employers would implement this type of "return to work" program.

Quote:It read.. "(the companies name)is near contract completion and is no longer going to be working in the state of Georgia." It was also checked "Lack of Work."

In Georgia (and probably many other States) that is a lay-off by the parent company, although I presume you can still do work with the Red Cross until the end of the contract period. Keep that as long as you can, as you are earning credits for unemployment.

Once you are in a position to file for GA unemployment, it will be an automatic eligibility because of the lay-off. Unfortunately, the 2/3 wage difference being paid by the IC won't be available under GA UI benefits. Those benefits are what they are. Even if WC continued to pay, there would still be a $1 for $1 exchange (set-off), so it won't be profitable.

Still, the wages paid to you by Red Cross PLUS the differential paid by the IC will be used to calculate your benefit amount under UI.

By the way, I'd be curious to know more about that program - I'm trying to work with 3 State Senators to improve our GA WC system. I'd like to present that information to them to mandate it under statutory law. I hope you'll PM me and share some information with me.