Employment: Termination of Employment: Elimination of Job Position

Carey v. American Home Assurance Co. [02/01/10] 2010 MTWCC 3 Where the injured worker's job position was eliminated due to a nationwide restructuring of the company management, the Court found that the company was under no obligation to create a new position for an injured worker whose job position was eliminated due to reasons unrelated to the industrial injury.

Carey v. American Home Assurance Co. [02/01/10] 2010 MTWCC 3 Where the injured worker's full-time management-level job position was eliminated due to a nationwide restructuring of the company management, the Court found that the company's offer to keep the injured worker employed in a part-time, low-paying position was not a fair offer of employment. However, the Court further found that the injured worker chose not to apply for other, available management positions with her employer.