Have you ever wondered about the question, “Can an employer make me do a fake job while I am injured?” It may seem like a bizarre question, but it’s one that many employees have faced when they are unable to perform their regular duties due to an injury. The answer to this question may surprise you and could have important implications for your rights as an injured worker.
By understanding the dynamics of fake jobs and your rights as an employee, you’ll be better equipped to navigate these situations and advocate for yourself in the workplace.
What Does a “Fake Job” Even Mean?
A “fake job” refers to a situation where an employer assigns an employee to perform tasks that are unnecessary, meaningless, or have no real purpose within the organization. These tasks are often given to the employee as a way to keep them occupied or to maintain the appearance of productivity, even though they do not contribute to the employee’s professional growth or the company’s objectives.
Fake jobs can take various forms, such as repetitive and mundane tasks that have no impact on the overall operations, excessive paperwork or documentation that serves no real purpose, or being assigned to a role with no clear responsibilities or expectations. In some cases, employees may also be asked to pretend to work on certain projects or tasks in order to deceive clients, investors, or other stakeholders.
How Can a “Fake Job” Impact Your Recovery Process?
When an employer assigns a “fake job” to an employee, it can have a significant impact on their recovery process.
Firstly, a “fake job” can be demoralizing and detrimental to an employee’s mental well-being. If an employee is recovering from an illness, injury, or any other health condition, being assigned meaningless work can make them feel undervalued and unimportant.
Additionally, a “fake job” can impede an employee’s professional development and growth. If an employee is assigned tasks that do not contribute to their skill development or allow them to utilize their expertise, it can hinder their career progression. This can lead to frustration and dissatisfaction, further impacting their recovery process.
A “fake job” can also create a hostile work environment and strain relationships within the workplace. Colleagues may perceive the employee as receiving preferential treatment or not pulling their weight, leading to resentment and conflicts. This can create additional stress for the employee, hindering their recovery process and potentially prolonging their return to work.
Can an Employer Make You Do a Fake Job?
We don’t like it one bit, but the answer is “probably.” If you are in the “healing period” before you reach maximum medical improvement, then your employer can ask you to come to work and do just about anything as long as it is within the doctors’ restrictions. Once you are at maximum medical improvement, however, you can only be asked to perform a real job – one which they would offer to someone not on workers’ compensation or one which their competitors would offer to you.
Why Don’t We Like This Law?
It’s a new law and we’ve seen what we think is an abuse of it. Injured workers are asked to come to work and then are written up and/or fired over petty reasons, things which would never have gotten them in trouble before. At that point, the adjuster still has to provide medical treatment, but she isn’t required to put you on weekly checks because you’re being out of work is due to “misconduct.”
To be fair, there have been studies done which suggest that workers will heal quicker if they are out and about rather than just sitting at home watching daytime television (and lawyer ads…) so the idea is fine. But just be careful if you’re back at work on a fake job.
Should You Consult an Attorney?
If you find yourself in a situation where your employer is making you do a fake job, it is important to consider consulting an attorney. While it may seem like an extreme step, seeking legal advice can help you understand your rights and options in such a situation.
Ultimately, consulting an attorney can provide you with the knowledge and support you need to make informed decisions about your situation. They can help you navigate the complexities of employment law and advocate for your rights, giving you the best chance of resolving the issue in a fair and just manner.
At Oxner + Permar, our team of experienced attorneys are dedicated to helping injured workers across North Carolina understand their rights and options. If you feel that your employer is making you do a fake job, don’t hesitate to contact us today for a free consultation.
