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Injured Worker being discriminated against?
02-21-2012, 04:58 PM
Post: #1
Injured Worker being discriminated against?
I am an injured worker. Have been on workers comp for almost three months
I am on "light duty" due to a back injury. The assistant manager for the past 5 years has always singled me out and I don't want to use the word bully, but that's pretty much what it is. Anyway ever since my workers comp claim I have been hassled by this guy even worse and shown his apparent dislike for me. When I am asked to lift somthing that is over my weight restrictions he calls me a "p*ssy, vagina" and other "sexually derogatory names i'd rather not say. He has done so in front of employees, customers and even the manager. Nothing has ever been done. Do I have anything on this except a call to HR?
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02-21-2012, 05:20 PM (This post was last modified: 02-21-2012 05:24 PM by 1171.)
Post: #2
RE: Injured Worker being discriminated against?
for a workers comp discrimination complaint you would have to produce evidence linking his behavior to your claim.

in general, you are entitled to a hostile free work place.
you can contact your state's (UNKNOWN) EEOC agency. you may also have additional rights under ADA.
you should file a written complaint with upper management or the owner.
most states have a labor commission where additional complaints about working conditions can be filed.
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02-21-2012, 05:22 PM
Post: #3
RE: Injured Worker being discriminated against?
yes of course you do.being very respectful ask him to please stop calling you anything other than your legal name and do so in front of witnesses.Next time write up the same request and have him sign it at your HR office after that sue the SOB its sexual harrasment if that dont work get your cousins to kick the crap out of him

;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....Smile
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02-21-2012, 05:53 PM
Post: #4
RE: Injured Worker being discriminated against?
In FL. Work for a big corporate company. I do have witnesse to attest to his behavior. If that helps me.
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02-21-2012, 06:26 PM (This post was last modified: 02-21-2012 06:30 PM by 1171.)
Post: #5
RE: Injured Worker being discriminated against?
(02-21-2012 05:53 PM)REB205 Wrote:  In FL. Work for a big corporate company. I do have witnesse to attest to his behavior. If that helps me.

a big corporate company will definately not put up with that behavior.
carry a camera phone or other recoding device and obviously pull it out and start recording whenever he begins his nasty routine.
this might put a damper on it......

he probably does it to others. record those. get them to record yours.
when he does it in front of a customer, ask them to file a complaint.
give his manager a chance to deal with the issue. if they don't, go to the next level.

this is more then a work comp issue.
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02-21-2012, 07:17 PM
Post: #6
RE: Injured Worker being discriminated against?
(02-21-2012 05:53 PM)REB205 Wrote:  In FL. Work for a big corporate company. I do have witnesse to attest to his behavior. If that helps me.

If you work for a big corporation contact your HR and let them know that you are being harassed. If it don't stop then then sue.
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02-21-2012, 07:18 PM
Post: #7
RE: Injured Worker being discriminated against?
Yea I'll have to see what I can do. As far as I know recording some one with out consent is illegal.
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02-21-2012, 08:06 PM (This post was last modified: 02-21-2012 08:07 PM by 1171.)
Post: #8
RE: Injured Worker being discriminated against?
(02-21-2012 07:18 PM)REB205 Wrote:  Yea I'll have to see what I can do. As far as I know recording some one with out consent is illegal.


how many have consent forms for every face that has ever been recorded?

you can record them.
happens all the time at birthday parties, picnics, ball games, concerts,
etc.
it how the recordings are used that could be a violation.
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02-21-2012, 08:13 PM
Post: #9
RE: Injured Worker being discriminated against?
Ok good advise thank you. Will post results...
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02-21-2012, 09:37 PM (This post was last modified: 02-21-2012 09:39 PM by Georgedroy.)
Post: #10
RE: Injured Worker being discriminated against?
(02-21-2012 08:06 PM)1171 Wrote:  
(02-21-2012 07:18 PM)REB205 Wrote:  Yea I'll have to see what I can do. As far as I know recording some one with out consent is illegal.


how many have consent forms for every face that has ever been recorded?

you can record them.
happens all the time at birthday parties, picnics, ball games, concerts,
etc.
it how the recordings are used that could be a violation.

I remember reading (I'm hard-pressed as to where I read it) something along the lines that, as long as the person/party doing the recording is in the room/on the recording, the recording is "legal" to use as evidence.
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