I was a GM getting paid a straight salary based on 48 hour work week. I transferred to a store closer to home and my title changed from GM to "fast track GM" I was then paid the same salary only at 40/wk at a lesser hourly rate & 8 hours OT(time&1/2). I then went on disability and am working only 40 hours/week per Drs orders. I am still getting the lesser hourly rate for those 40 hours but they are putting my 8 hours of disability in based on my salary at 48 hours week straight (no OT) which comes out to be about $1.00 more per hour than pay for first 40 hours instead of the time & 1/2. This is causing me to be shorted from my salary about $50/week. Can they do this??
Employee Benefits Lawyer
Typically, under the majority of employer provided disability policies, if you are working while on disability there will some type of reduction of any allowed benefit based on your earnings from work. I would recommend you secure a copy of your employer's policy to read the language as to how they are determining your pre-disability earnings, as well as any offset to your disability benefit.