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RETALIATION - Florida

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  • RETALIATION - Florida

    As my understanding of it retaliation has to do with intent.

    How do you prove what some ones thought process was or is.


    2 weeks ago I was inured on the job, requested medical treatment, and received it.
    returned to work a week later after being pressured by management to hurry and return
    because I was the only certified operator they had at the time, I finished the project.

    In the past i have done other work for them that doesn't require certification, but this week
    they have nothing for me, but there's work for others. the company sent out a crew this weekend
    both Saturday and Sunday and they worked 10 to 12 hours both days and did not finish.

    the company has a history of not working you if you do some thing to anger them.

    2 questions:

    (1) what kind of proof is needed to show retaliation.
    (2) is the company required to return me to work after the accident? and to what level?

    thanks

  • #2
    do you have medical work restrictions?
    florida comp law does not require the employer hold a job for you.

    evidence can be written documentation in the form of email, text messages, or memos, or letters, postings etc. documenting their actions and intentions
    or verbal testimony of conversations discussion, meetings, telephonic exchanges
    you can also show evidence of actions in similiar prior situations; especially if you can show discriminatory behavior in work comp situations and not in other leave situations.

    evidence can come from agents of the employer, co-workers, or former employees/employers.
    generally it is submitted in the form of a deposition.

    your job would be protected for up to 12 weeks, if your employment is covered by Family & Medical Leave Act - you can file a complaint.

    the relevant section of florida comp law:
    440.205 Coercion of employees.—No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law.
    Last edited by WC help; 01-23-2012, 04:49 PM.

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    • #3
      I have been released by the Doctor to return to full work status but because I filed the claim
      I am now being treated different then I was before the claim was filed.

      Now they are only working me when they have no one else to fill the spot I am now
      being picked last when before i was being picked first because of my knowledge and skill.

      is this enough for a case or do i just need to find another job?

      Comment


      • #4
        I have been released by the Doctor to return to full work status but because I filed the claim
        I am now being treated different then I was before the claim was filed.
        The likelyhood of your changing your employER's work habits are ... slim to none.
        If you feel you have been discriminated against, or harrassed for filing a claim for WC benefits... the burden of proof is yours. The ER does not have to prove otherwise... it's a business decision on which EE to select for any give job.

        The obvious answer you have provided... look for a new job.

        Comment


        • #5
          Originally posted by Cadian View Post
          I have been released by the Doctor to return to full work status but because I filed the claim
          I am now being treated different then I was before the claim was filed.

          Now they are only working me when they have no one else to fill the spot I am now
          being picked last when before i was being picked first because of my knowledge and skill.

          is this enough for a case or do i just need to find another job?
          could be other reasons. talk to your boss and others.
          your opinion is not evidence.
          did this happen to others or only those on comp?
          Last edited by WC help; 01-24-2012, 07:47 AM.

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          • #6
            You could endeavor to illustrate a retaliatory pattern through “circumstantial evidence,” e.g., documentation and/or testimony showing that before your workplace accident you were hired first amongst this complement of employees and that after your accident you were hired last. Faced with such evidence in connection with an administrative or judicial retaliation action, the employer will have to then explain why it changed its hiring pattern for you following the accident.

            You should consider consulting with a local worker’s compensation attorney and/or the state agency which handles worker’s compensation matters to further explore your options here.

            Comment


            • #7
              If I am reading your post correctly you were injured two weeks ago and have only been back one week. One week is hardly enough time to show discriminatory intent based on you filing a claim unless there is a lot you have left out (such as being told you will not be given work because you filed a claim). For all you know the others were selected first because it was unclear that you would be back and working this week.

              You state you returned to a job immediately upon being able. At most someone else was selected over you once. There could be any number of reasons for it but you are really jumping the gun a week after returning and having just completed a job to assume that you are being blacklisted because you filed a minor WC claim 2 weeks ago.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

              Comment


              • #8
                there has been 5 WC claims this last year and all 5 employees had their hours cut until they quit.

                There was work this last weekend where the entire company worked 10 to 12 hours, I was left out
                and the job still wasn't finished. The only work I have done since I returned was the work that
                no one else is certified to do. I have not worked at all this week because there is no work atm that requires
                my cert. this is different from before my claim where i worked on all jobs.

                is there no law in WC that requires them to return me to work after being released?

                Comment


                • #9
                  is there no law in WC that requires them to return me to work after being released? .
                  Because you were returned to work, without restrictions due to the injury, you wouldn't be eligible for WC wage replacement, but as you are working with wage loss due to the work load, you'd be eligible for UI benefits. File your claim with the state UI dept.

                  If you had been released, with restrictions due to the injury, there may have been TPD/Temp Partial Disability benefits due.

                  Talk to a FL WC ombudsman, or WC attonrey about your current issues.... your file will be reviewed, and merits discussed. Message boards don't have but the info you provide... there may be other factors at play here.

                  Comment


                  • #10
                    There is no law that requires the employer to return you to work post-injury. I still maintain it has only been at most a week and it sounds like less than that if you are complaining about last weekend. It is way too early to start crying retaliation. From your numerous other posts it sounds like your hours and workplace have been an issue for some time, not just the past 3 days. You had this same complaint, minus the WC claim, in October. Nothing about filing a WC claim changes any of that or grants you any greater protection from business circumstances than someone who was not injured. If there is no work that requires your skills and experience, then there is no work. I'm not sure what you want us to tell you.

                    What isn't helpful to you is to post parts of your story every few days in different forums. We, the responders can not give you sound advice if we only have part of the story and we do not have time to search all your old posts for the missing information. Everyone here is a volunteer. It is in your best interest to be as upfront about the whole situation as possible.

                    For the past several years you have had issues with every or nearly every employer you have worked for, which you have admitted in previous posts. My best advice to you is to stop looking for faults with your employers constantly. If you assume the worst in every case, it starts to become a self-fulfilling prophecy.
                    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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