Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

discrimination, harassment, retaliation, what are my rights? California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • discrimination, harassment, retaliation, what are my rights? California

    Ok in Jan. 06 I was moved from full time salary to part time/32 hours a week (not by my choice) because of medical appointments and missed work as a result of a back injury on June 05 on my way home from work not work related, they gave me a raise in hourly pay and I lost my vacation, holiday pay, benefits and only receive a wage. I had told my supervisor I would be receiving a series of shots over the next 90 days (Jan to March) which would resolve the back issue and I would be able to move forward without missing work or any restriction other than a follow up appointment every 90 days or so, the next day the company attorney and my manager (CFO) had me sign a proposal to go to this new part time position at the request of the President of the company (owners wife) so I signed it and became part time but I was also told that they would be hiring someone to be my manager for this department since they could not predict the future and the company needed someone full time, this brought up a few questions and concerns for myself, and I asked is this just a way for me to train someone to replace me and then you will let me go? I was told no in writing, also after the shots over the next 90 days I have my yearly review in April if this issue is resolved can I at that time go back to full time, they said that this would be reviewed at that time and if the back injury issue was resolved I would surely be able to go to full time again. So I was not happy but felt I would be ok once this was resolved, during this time my employer asked me to not do anything to hurt my back and if I needed to lift anything ask someone else to do it but I was at that time the only person in my department making it a catch 22 as far as having someone to assist me (I work in IT with the computers for the company) as a result I was given a warning about lifting anything a month later even though I had provided my employer with a doctor's note stating I have a "serious medical condition" requiring a doctors care but at no time does it restrict my ability to lift or do my job.
    April 04/06 my back issue has been resolved but I slip and fell on a wet floor while carrying a pc at work and hurt my neck and right arm and shoulder, doctor keeps me on the job but puts me on light duty and I am not to use my right arm, this is 100% workman comp injury and not in any way related to the back injury. For the next 10 weeks I continue with the doctor's visits and have an MRI that determines I need surgery for damage to my shoulder, during this 10 weeks I continue with light duty, my employer tells me I am to for the most part stay in the server room and not use my right arm and do what I can each day to assist my new manager that now I report to, during this time I reinjured my shoulder getting a toner box out of the supply closet because my co-work is out of state on training the day a employee comes to me requesting this toner from the closet which the IT department is responsible for supplying, I go to the doctor and there is no change on my status as far as he was concerned he pretty much said you are injured stuff happens just be careful and go back to work. My employer gives me a warning again the next day for not following their dictated instructions, I am not sure who I am to follow the doctor's instructions on what I can or can't do or the employers......ok now I have been referred to a surgeon who has yet to schedule the surgery but has me doing physical therapy but that is not working so I am surgery bound probably in the next month or so, in the mean time I have yet to have my review or be reinstated back to full time as promised....I have made the request to be reviewed and put back to full time in June and again in August 06 both times I was told I would be reviewed in the next two weeks but each time the review has not happened, my supervisor has received his review the first part of August but I still have not received mine, I again made the request to my supervisor Monday of last week to be reviewed and requested being put back to full time, I was again told the review was done and would be presented to me in the next two weeks, but during the weekend I get a call from one of the companies administrators and she tells me they have my review and it is pretty much average to below average making the biggest issue about my attendance and when I received the review they have a warning they are going to issue me again about lifting a computer a few weeks ago and my attendance, the computer in question was at the request of the owner (CEO) and I did so using my left arm that is not injured and not restricted by my doctor....so I have the distinct feeling they will be firing me the day I get off workman’s comp disability status and am released back to work without restriction but in the mean time they are writing me up for something I was asked to do by the CEO of the company and did so within compliance of my work restrictions according to the doctor, they are just looking for a reason to write me up in retaliation to forcing my request for a review, this pc replacement/lifting issue was several weeks ago, so should I file a discrimination complaint with the state or something with the labor board or ?? Please help thank you very much in advanced.
    Last edited by lil; 09-04-2006, 01:35 AM.

  • #2
    That big block of text is very hard to read. Please edit it to include some paragraphs and white space if you want answers.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Originally posted by lil
      Ok in Jan. 06 I was moved from full time salary to part time/32 hours a week (not by my choice) because of medical appointments and missed work as a result of a back injury on June 05 on my way home from work not work related, they gave me a raise in hourly pay and I lost my vacation, holiday pay, benefits and only receive a wage. I had told my supervisor I would be receiving a series of shots over the next 90 days (Jan to March) which would resolve the back issue and I would be able to move forward without missing work or any restriction other than a follow up appointment every 90 days or so, the next day the company attorney and my manager (CFO) had me sign a proposal to go to this new part time position at the request of the President of the company (owners wife) so I signed it and became part time but I was also told that they would be hiring someone to be my manager for this department since they could not predict the future and the company needed someone full time, this brought up a few questions and concerns for myself, and I asked is this just a way for me to train someone to replace me and then you will let me go? I was told no in writing, also after the shots over the next 90 days I have my yearly review in April if this issue is resolved can I at that time go back to full time, they said that this would be reviewed at that time and if the back injury issue was resolved I would surely be able to go to full time again. So I was not happy but felt I would be ok once this was resolved, during this time my employer asked me to not do anything to hurt my back and if I needed to lift anything ask someone else to do it but I was at that time the only person in my department making it a catch 22 as far as having someone to assist me (I work in IT with the computers for the company) as a result I was given a warning about lifting anything a month later even though I had provided my employer with a doctor's note stating I have a "serious medical condition" requiring a doctors care but at no time does it restrict my ability to lift or do my job.
      April 04/06 my back issue has been resolved but I slip and fell on a wet floor while carrying a pc at work and hurt my neck and right arm and shoulder, doctor keeps me on the job but puts me on light duty and I am not to use my right arm, this is 100% workman comp injury and not in any way related to the back injury. For the next 10 weeks I continue with the doctor's visits and have an MRI that determines I need surgery for damage to my shoulder, during this 10 weeks I continue with light duty, my employer tells me I am to for the most part stay in the server room and not use my right arm and do what I can each day to assist my new manager that now I report to, during this time I reinjured my shoulder getting a toner box out of the supply closet because my co-work is out of state on training the day a employee comes to me requesting this toner from the closet which the IT department is responsible for supplying, I go to the doctor and there is no change on my status as far as he was concerned he pretty much said you are injured stuff happens just be careful and go back to work. My employer gives me a warning again the next day for not following their dictated instructions, I am not sure who I am to follow the doctor's instructions on what I can or can't do or the employers......ok now I have been referred to a surgeon who has yet to schedule the surgery but has me doing physical therapy but that is not working so I am surgery bound probably in the next month or so, in the mean time I have yet to have my review or be reinstated back to full time as promised....I have made the request to be reviewed and put back to full time in June and again in August 06 both times I was told I would be reviewed in the next two weeks but each time the review has not happened, my supervisor has received his review the first part of August but I still have not received mine, I again made the request to my supervisor Monday of last week to be reviewed and requested being put back to full time, I was again told the review was done and would be presented to me in the next two weeks, but during the weekend I get a call from one of the companies administrators and she tells me they have my review and it is pretty much average to below average making the biggest issue about my attendance and when I received the review they have a warning they are going to issue me again about lifting a computer a few weeks ago and my attendance, the computer in question was at the request of the owner (CEO) and I did so using my left arm that is not injured and not restricted by my doctor....so I have the distinct feeling they will be firing me the day I get off workman’s comp disability status and am released back to work without restriction but in the mean time they are writing me up for something I was asked to do by the CEO of the company and did so within compliance of my work restrictions according to the doctor, they are just looking for a reason to write me up in retaliation to forcing my request for a review, this pc replacement/lifting issue was several weeks ago, so should I file a discrimination complaint with the state or something with the labor board or ?? Please help thank you very much in advanced.
      Please do not aquire any more injuries because you are headed towards liability status! It may cost the corporation a little money but cost you, your livelyhood! As you stated, you were in compliance when you "slipped". It could be that the corp feels you are prone to accidents and that's why they issued the warning. I can't feel the emotion in your writing so my response is based entirely on the text. Try to think in terms of safety for you and the company. Motor skills are just as important as technical, you must be able to focus, sit, walk and work pain free. Are you assisted by meds? Anyway... the CEO seems to share an interest in your well being, try talking to him/her. Good luck and stay safe!
      Some live and learn while some learn to live

      Comment


      • #4
        It is very hard to follow your story but the gist seems to be that almost immediately after treating for a non-work related accident, you had a work related one, then a succession of others. At the same time your employer is telling you not to perform the tasks your doctor has recommended you not or are just common sense measures for someone who is about to go out for surgery for an injury. I'm not sure what you want us to tell you. Your employer can restrict your duties and they can discipline and even terminate you if you are violating those directions. Since it is your employer paying the costs of your violations through WC, you certainly must see their insistence that you adhere to the restrictions outlined. You insist you can do the tasks safely, but your record preceeds you.

        I don't know why you are against asking a coworker for assistance in reaching or lifting things you are unable to. At this point you are only hurting yourself by not following your employer's directions. I'm not seeing that you have a basis to sue.

        Has your attendance been a problem?
        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


        • #5
          attendance

          Attendance has been an issue with the on the job injury only because of doctor's appointments, physical thrapy and flair ups that require an increase in the moriphine the doctor has prescribed for pain with this on those days I am not able to work, I want to get better and get past this but it seems each time I talk to them about this issue they retaliate the very next day by writing me up.
          In regard to the workmans comp insurance company I called them for answers every few days and left voice mail messages, over the course of the 10 weeks during the first doctor's treatment without one callback, when I told my employer about this they said they were having the same problem with call backs from them.......this just does not seem right.
          There are for the most part only two injuries, one last year from an auto accident that has been resolved and one workmans comp injury this year that happened on the job this april 4th and since then I have writen up for going to the doctor as scheduled.
          The current write up for lifting a computer was at the request of the CEO (owner) what was I to do tell him no and let him fire me on the spot, this feels like entrapment he request me to do this then his wife has me writen up for lifting something with my left arm which is not injured, I am sorry this is all confusing, it has me confused too.

          Comment


          • #6
            It isn't clear how big this company is or how much time you have missed. If there are at least 50 employees in a 75 mile radius, and you have worked there at least 1 year, and 1250 hours in the past year, then the trime you take off for your medical condition would fall under FMLA. You would get the equivalent of 12 weeks off a year for a serious health condition. This time may not be counted against you, but you must still follow whatever rules your employer has for calling in and notice.

            However, even if the injury did occur at work, you are not entitled to extra time off for doctor's appointments, PT or medication changes. You still must follow your employer's usual policy for time off, though this time may be counted toward FMLA as described above. Just having a doctor's note doesn't cut it. Can any of the appointments be made around your work schedule? Or at least at the beginning or end of your shift to minimize the amount of time you are out? Even under FMLA your employer can expect you to minimize the disruption to the workplace.

            The CEO asking you to do something doesn't change anything really. I have no idea why you think you would be fired on the spot for explaining that you have an injury and had been directed by his wife not to lift and offereing to get someone else to assist you in doing the job safely. Lifting and carrying a computer with one arm isn't safe and could have resulted in another injury or a dropped computer. Yers, you could be written up for this. So far the write ups you describe are for actual violations of the directions you were given and not fabrications created to have an excuse to fire you. Yes, even under WC you can be written up for not following directions.
            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

            The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
            Working...
            X