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| *Ostroff, Fair and Company>>>Law & Legal |
Being harassed at work, after being hurt on the job.? |
I got hurt on the job little over a year, and since than I have been harassed. I don't do the same job anymore and my hours have been cut. My manager says that she has no work for me because I have work restrictions. And the job that I do now, she only has me working every other weekend, and two people from another company have transfered to my dept and they are working every weekend and she won't let me work every weekend because she says that she has no more hours for me. What can I do about this? Can I sue this company or my manager. I have workmen's comp, I have not gotten a check from them yet. It is illegal to retaliate against an employee who files a w/c claim or makes a complaint about company safety issues. Retaliatory actions could include a transfer or demotion to a lesser job, a reduction in pay, a transfer to an inconvenient shift or location, etc. The issue in your case is that you have work restrictions. The company does have a choice whether it is able to accommodate the restrictions or not. In your case, they appear to be able to accommodate the restrictions by allowing you to work, yet they are using the excuse of your restrictions as the rationale for limiting your hours. They can't have it both ways here - if you are available to work more hours (and are not restricted from doing so), and if there is work available in your assigned department (there obviously is since they are transferring people in to assist), then they should be giving you the opportunity to work those hours. If you have a w/c attorney, I'd suggest you involve that attorney in this issue. If you don't have one, you may want to consider obtaining one. They can advise you of your rights in this situation; there are some variations in w/c law from state to state. Talk to a lawyer........ I would seek advise from an attorney who specializes in wc. You may be owed back wages and fututre wages. If you are all better now get a doctors note and submit it to your manager/ HR rep. if you are not 100% but are able to work a 40 hr week have your doctor go into detail about what you can and can't do. I had this happen to me after surgery, my boss did not want to have me back at work unless I was 100% So I informed my doctor and he wrote a note stating I can go back without restrictions. (although he told me to take it easy for a while) You might or might not have a case. You say you haven't gotten anything from workman's comp - check into why - if your claim was accepted, you should have gotten something a long time ago if you were off work due to the injury and it was a year ago. If you have restrictions on what you can do, then you can't reallky complain because they have you doing a different job, if you can't do the old one. Talking to a lawyer would be a good idea - he or she could advise you whether you have a case or not. But you very possibly don't. |
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