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+--- Thread: Discrimination? (/showthread.php?tid=5225)
Discrimination? - One day at a time - 08-05-2008 11:26 PM
Hello everyone,
I'm new to this forum. My husband suffered a knee injury at work and had to have surgery. He was able to return to work after 3 months but under limited work restrictions.
Now, it has been 6 months since his surgery and the QME has him on permanent modified work restrictions.
My questions is, his employer is harrassing him almost everday about "milking the job", not pulling his own weight, etc. He used to do hard labor prior to his injury, but now he is unable to. He comes home in pain everyday.
My husband is a very hard worker, and goes beyond to get the job done. It has been suggested that I file a petition 132A. Has anyone done this? Are there repercussions from the employer?
Apparently, he has to wait a year or be let go to apply for the education voucher. He is so upset about this, so I'm trying to help. He is the only one with income and we have 2 small children, so he really needs to work. I have a medical condition that is preventing me from looking for a job now, which is why I'm home.
Any suggestions? Please help!
RE: Discrimination? - jayne - 08-06-2008 12:12 AM
is his case closed? need your state that helps does he have a lawyer? did he recieve a settlement.....
RE: Discrimination? - One day at a time - 08-06-2008 12:27 AM
Hello jayne,
Thank you for replying. I think his case is closed. We live in California. No attorney, I didn't think we needed one. We could never afford one anyway. No settlement, he is still working for the same company.
His adjuster told me that he cannot be fired because of his disability and that he would have to wait one year before he can apply for the voucher.
We don't know what to do, he is being verbally abused and there are threats of cutting his salary to below minimum wage. If this were to occur, we would be below poverty level. (Sigh)
RE: Discrimination? - 1171 - 08-06-2008 01:42 AM
if he's got permanent restrictions he is entitled to a rating and some additional permanent disability benefits.
to be successful on a 132a discrimination complaint it's likely he'll need more then harsh words to document that he's been harmed because he filed a comp claim.
if they've penalized him monetarily he'll have a better chance showing discrimination,
Is he prepared to subpoena co-workers and others to support his claim of discrimination? can he get them to provide written statements as to how he's been singled out? are there other documents from the employer that can be produced to show discrimination? is he ready to call witnesses and cross examine them before the judge?
If he wants to pursue it, it's a lot to take on without professional help/representation.
there is a one year time limit from the time of the discriminatory event to file.
He should contact the local Infromation & Assistance officer at the DWC and discuss it:
http://www.dir.ca.gov/dwc/IandA.html
he should also put his complaints in writing to the supervisors, managers, and/or owner as well as the carrier.
start leaving a paper trail to document each incident of verbal abuse.
every time it happens write it down and send it in with CCs to those in authority.
he can find out more about the SJDB voucher
http://www.dir.ca.gov/dwc/rehab.html
RE: Discrimination? - One day at a time - 08-06-2008 04:50 AM
Hi 1171,
Thank you for your post. What is a rating and the additional benefits?
Regarding the 132A, I kind of got the feeling it would be very involved. There are witnesses to some of the incidents, but I highly doubt they would be willing to support him only because that is their place of employment. The boss would probably fire anyone (or make their lives miserable) who wanted to help.
We are starting documentation, however, most of it is just verbal.
My husband says that since they are pushing him to do things he shouldn't be doing, it probably won't be long before his knee gives out and he'll be permanently disabled. I don't want this to happen. Any suggestions?
RE: Discrimination? - ace25 - 08-06-2008 06:24 AM
How big is this company? Does your husbands boss have a supervisor, or is he the ultimate boss? If he has a boss, does the company have anything resembling an open door policy? Often companies do a crappy job of communicating the importance of supporting modified restrictions to the "end line supervisor". A company may fully embrace working with employees in that manner, but some moron boss on the line or on the project only views it as a pain in the butt or an inconvenience. Have your your husband go up the channels with his documented complaints if that is possible. He may also want to speak with an attorney, as it sounds as though he should have a rating as 1171 indicated.
RE: Discrimination? - Lilly - 08-06-2008 07:54 AM
Hi,
You also mentioned that hubby is being pushed beyond his physical limits with the knee. If boss is trying to get him to do things outside his written doctor restrictions....hubby MUST obey the restrictions, as must his superior! Have him make a copy of the work restrictions and keep it in his pocket. Next time boss tries to get him to do something that he shouldn't be doing... refuse to do it, & whip it out (written limitations), and remind his superior.
This same thing kept happening to me at work too. I continually was being put in a situation where I would HAVE to do stuff I couldn't (beyond my written restrictions). I wrote a letter and cc'd all higher ups, that these continual situations were almost forcing me to try to do things without help, that I was incapable of doing. It resulted in me immediately getting help to do what i was not allowed to do!
I was alo being harrassed verbally and work load wise. My co-worker was only helping 30% of the time....I was trying to do the rest. It was in black and white and could be easily proved. So I showed the facts to my boss who (said) he didn't realize this...and got my co-worker to get 'on the stick '! Sometimes one has to have proof and point it out to the bosses. Most aren't as smart as they think they are!
I was also called the Queen "B" by my boss! he called me that daily, all day and even addressed emails to me with Queen B as a header! He would introduce me to customers as the "Queen B" ! It was very embarrassing and totally inappropriate. He would never say what the "B" stood for....but it sure wasn't for 'beautiful'. He meant Bit** !!!! But since he didn't actually come out and call me a bit**....there wasn't a thing I could do harassment-wise said the lawyer. So discrimination IS very hard to prove. Like the other's said....you need a paper trail!
Good luck, keep us informed as to what happens, ok? Lilly
RE: Discrimination? - 1171 - 08-06-2008 12:20 PM
have your husband find out basic information about california work comp benefits including permanent disability by reading Fact sheet D:
http://www.dir.ca.gov/dwc/iwguides.html
he should discuss with his doctor and the employers' safety consultant on how to prevent injuries.
If there is a new injury he should report it and file a new claim.
RE: Discrimination? - One day at a time - 08-06-2008 12:57 PM
Thanks everyone,
Okay, so here's the lowdown on my husband's employer. The company is a franchise (of about 20 employees) whose owner is the top boss. His son (who is very young, let's say early 20's) is my husbands direct supervisor. Father and son are very alike and the business practices are "questionable". There is an open door policy stated in the employee handbook, but they don't stand by it.
My husband told me that all the supervisors are supposed to be getting together soon to discuss what to do with him. I guess we'll just have to see what happens.
Any suggestions on how to deal with father and son without getting his head ripped off? (Btw, they treat all their employees like this, but I think it's worse for my husband because he's one of the few that understands English).
RE: Discrimination? - jayne - 08-06-2008 02:20 PM
a very small tape recorder in any meeting he has with them would be a bonus for him...He may want to check with the WC board or the IC cuz they sure dont want him hurt again.....