+- Workers' Compensation Discussion Forums (http://www.workerscompensation.com/forums/general)
+-- Forum: Category (/forumdisplay.php?fid=3)
+--- Forum: Injured Worker Forum (/forumdisplay.php?fid=4)
+--- Thread: Did I do anything wrong? (/showthread.php?tid=315)
Did I do anything wrong? - Bummer Knees - 05-09-2007 10:44 PM
I wrote on another thread yesterday about meeting with my employer.
I have a specific question I would like to ask about this meeting.
When I first got to the meeting I was asked if the work restrictions on my left knee had changed (they haven't).
Next, I was asked if ther are any accomodations that my work can provide for me, I said I don't know.
Hr Director said we are here to llook at any availible jobs.
There were two job openings. I asked for a list of job qualifications for each job, both were the same qualifications that required lifting of 100 lbs, bending kneeling, ect.,
My work restrictions list to avoid lifting, kneeling, bending, squatting, and climbing stairs. I walk with a cane and have limited mobility and am waitting approval for a knee replacement surgery, all which my employeer is aware of.
I asked to look at a copy of my restrictions and we compared then to the job qualifications of both jobs, both jobs were clearly out of my restrictions. The job was working as an Infant/oddler Teacher.
The meeting ended with the HR Director saying I would be kept as an employer and continue to be on leave.
When I spoke with my attorney after the meeting, he asked if I turned down any jobs, and I told him no.
Well, I don't think I did, at no time did the HR Director say, "We are offering you this job".
DID I DO ANYTHING WRONG?
RE: Did I do anything wrong? - Sithie - 05-09-2007 11:05 PM
I don't think so, in my opinion
RE: Did I do anything wrong? - monster - 05-09-2007 11:10 PM
Hi Sithie,
To me it seems pointless that they even asked you about these two positions. You're waiting on knee replacement surgery and they need someone to lift up to 100 lbs and get down and interact with the children. Sounds to me like all it was, was a waste of your time and theirs. I'm no attorney and have a lot to learn about the sytem but it sounds to me that you did nothing wrong. You might want to let your attorney know that there were two positions available neither of which you could perform due to your restrictions. This way he doesn't somehow get blindsided down the road...just my .02
RE: Did I do anything wrong? - Guest - 05-10-2007 12:05 AM
I tell the attorney everything, so if I was told there are 2 jobs open but neither one were in compliance with my written restrictions, I personally would have let the attorney know. I agree with monster, you dont want to blindside the attorney.
RE: Did I do anything wrong? - Bummer Knees - 05-10-2007 01:06 AM
I filled my attorney in on everything, his only question was, did you turn any jobs down?
Work never came out and said, "I'm offering you this job."
I just feel like they were trying to trick me, or I was put to some type of test.
RE: Did I do anything wrong? - Wink - 05-10-2007 01:25 AM
Bummer Knees Wrote:I filled my attorney in on everything, his only question was, did you turn any jobs down?
Work never came out and said, "I'm offering you this job."
I just feel like they were trying to trick me, or I was put to some type of test.
Bummer~
Get back with your attorney and spell out your fears.  If you're anything like me, it's important that you and your attorney are on the same page, hence, in the position to head off possible trouble at the pass when need be.
RE: Did I do anything wrong? - red1030 - 05-10-2007 01:58 AM
Bummer knees I don't believe you did anything wrong. I believe that you do want your attorney to know what happened and it sounds like he or she does. I don't believe it can be considered that you turned down a job when the job didn't meet your limitations. If not within your limitations then it does not appear to be a job offer. It was more of a sit down lets talk and review so that we are all on the same page.
RE: Did I do anything wrong? - Pooh - 05-10-2007 04:12 AM
Sounds like your employer turned you down for the 2 jobs that are opened, but like the others said - document document document - name of HR person, date, time, etc.
RE: Did I do anything wrong? - Still in Limbo - 05-10-2007 07:23 AM
I have been in the exact same situation as you. I was offered two jobs that clearly were not in my job description, and my attorney told me that if they don't comply with every restriction you have, the job offers are immediately null and void. Even if they played a game and said you turned them down, the Judge is going to rule that these jobs were not valid, because they did not accommodate your written restrictions. Relax, you're O.K.!! I only tell you this because this is exactly what happened to me, and that's how the Judge in my case ruled! Best of Luck!!
RE: Did I do anything wrong? - capricorn - 05-10-2007 07:49 AM
hi bummer....i'm with the group. i don't see where you turned anything down but that they offered you nothing as all they had was outside of your restrictions. as wink said i also don't leave a stone unturned with my attorney. even if i think it's silly or small i need to know and have him no all that's going on. no surprises.
CAP
