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View Full Version : Discrimination and Retaliation in CA


JN94553
04-02-2006, 08:42 PM
I work for a large company in CA here is the situation:

On Feb4th I was injured at work (electricuted). I was on workers comp until Mar 6th. At that time I signed a transistional duty letter saying the doctor set my work limits to 5 lbs and that the company could accomadate my restrictions this letter was good for 6 months. All was fine from Mar 6th untill Mar 28th. The transistional letter said I had to be to work at 11AM but my supervisor said if I came back late I would not be in trouble. Well when the pay period ended I was written up for coming back late from my supervisors, supervisor. I explained to them that my supervisor said it was ok if I came back late and they said they didnt care. Then they proceded to tell me I had to lift something heavier then my 5lbs I tried and then I told them I couldnt do it because it was to heavy. I then filed a complaint with HR saying they were telling me to violatte my restrictions HR told them they couldnt do that and that the days I was late from my medical appointments they could not write me up. So the next day (wed) I went to work and everything was fine they accomadated my needs and I did what I could. The next day (THURS) I took a Paid day off. I came in Friday and my boss said sign your time card and we can no longer allow you to work untill your 5lb restriction is lifted. I then asked if I had to go back on workers comp and my boss said probably.

Here are my question's:

Is this Harrassment due to to fact the fact I was the only person written up and the other employees who came in late from Medical appts were not? (This was confirmed by the other employees)

Is this retaliation because they are telling me I cannot work untill my limitations are lifted. They did this only after I went to HR.

Is this discrimination based on my medical condition?

Please let me know if I have a case or if I am SOL.

thanks

mlane58
04-03-2006, 09:23 AM
Is this Harrassment due to to fact the fact I was the only person written up and the other employees who came in late from Medical appts were not? (This was confirmed by the other employees) It doesn't come close to the legal definition of harassment. Unless it for your gender, race, religion, age, etc... it's not illegal
Is this retaliation because they are telling me I cannot work untill my limitations are lifted. They did this only after I went to HR. It's not retaliation, your employer has the right to have you back to work to perform the essential function of your job and if you can't they don't have to let you return until you can.
Is this discrimination based on my medical condition? Refer to answers #1 and #2

JN94553
04-03-2006, 09:34 AM
Ok you say an employer does not have to let me back to work untill i am to the capacity of my job .

then why is after I complained to HR they said we cant meet your restrictions thats retaliation for me going to HR department. They were meeting my restrictions untill i complained they were telling me to violate my restrictions.

mlane58
04-03-2006, 09:44 AM
Probably because your HR department made a clearer determination based on your release and saw that you couldn't perform the essential functions of your job. It is not retaliation!

Marketeer
04-03-2006, 09:47 AM
It may be retaliatory, but it's not illegal. It's illegal to retaliate against an employee for making a complaint to a government agency (EEOC, OSHA, EPA, etc.) or for exercising a legal right (filing for workers comp, taking leave under FMLA, etc.). Complaining internally to HR or management is not protected.

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