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Discrimination?
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02-25-2010, 07:02 PM
Post: #1
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Discrimination?
Hi everyone,
I have not posted in over a month, but am back to ask for more great advice from you all. I won't get into the long story of what happened (I suppose you could look at my last posts in January) but basically I fell on some black ice in the employee parking lot of where I work at here in Ohio. I immediately told my boss what happened, and he did not file a report, did not offer to release me to get medical attention, and I had to work my entire 9 hour shift injured. Fast forward some weeks later, after being on WC for awhile I was released to go back to work on restricted duty on Feb. 16th., only able to stand for no more than 4 hours per day due to damage to my sciatic nerve. I was also coldly welcomed back, just short of a completely hostile working environment. Things were never really rosy at work anyway, but thats a different matter. I found that the pain returned after only 3 straight days of work, so I went back to my Dr. and he now has me out of work through March 8th, and I have to do physical therapy. I told my boss this, and he said in so many words that I would not be able to work at his store again. It's a corporation in 6 states, so there are more stores in the area. "I'm no doctor, but you'll probably never have a job standing again...every time I go to put you on the schedule, you can't work. I'm hiring more people here in the next couple of weeks...I expect you won't be coming back to work, at least not here at this store...I'm not even going to bother scheduling you anymore..." were just several things he said to me. Basically, I took it as his way of saying that he doesn't want me to come back, and could care less. My question is, doesn't this seem like a form of discrimination? Yeah, it was passive and not outright, but should I call the corporate office and let them know what happened? We're talking about someone who failed to report an injury as well as not releassing me to seek medical treatment, now he's saying that I "can't" come back to his store. Is it attorney time? What do you think? Thanks in advance to all who respond. If you have any more questions, let me know. |
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02-26-2010, 12:35 AM
(This post was last modified: 02-26-2010 12:37 AM by 1171.)
Post: #2
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RE: Discrimination?
It's only discrimination if the action/behavior is toward a protected class:
age, gender, religion, national original, sexual orientation, etc. http://www.eeoc.gov/laws/types/index.cfm |
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02-26-2010, 10:58 AM
Post: #3
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RE: Discrimination?
Your asking if it's attorney time? The thing is, what type of attorney? A work comp attorney doesn't handle Labor laws, but a Labor / employment attorney handles labor issues, but not work comp issues.
Next, since this is all verbal, you have no real proof of what took place. But, you will need to wait, till released again back to work, then try and schedule your work with said employer. Then you wait and see what takes place. You can do nothing, about something that is said to take place in future time, till it really takes place. You also need to remember witness's and writen reports, will support you in this. Without it, your going to have a hard time. Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor. |
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02-26-2010, 11:07 AM
Post: #4
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RE: Discrimination?
Bad Boy what you say is exactly what my attorney told me.
When I reached MMI I gave my supervisor the return to work paper work. I was told, "Well, you didn't have to file a work comp accident claim, we have no work for you" When I shared this with my wc attorney he asked me if there were witness to this conversation, (of course there weren't), and for this reason he said nothing could be done. |
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02-27-2010, 12:37 AM
Post: #5
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RE: Discrimination?
Thanks for replying!
What if I record all future phone calls? i know that there was a witness on the other end (another employee who was there at the time) but I doubt she'd vouch for me. Also, I think that it's required that I let him know that the call is being recorded. Which in that case he would say absolutely all the right things. The attorney thing I mentioned, well, I'm not really sure what type. All I know is that I'm about to be evicted because I can't pay any of my bills. I don't know when I'll be getting compensated, and I guess I should've mentioned that before as to my question of if I should get a lawyer. Isn't compensation the operative word? Why do they take so long? |
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02-27-2010, 09:44 AM
Post: #6
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RE: Discrimination?
In recording a conversation you must make the other party aware you are recording for this to be legal.
I have a severe hearing loss and record conversations to help with understand. The direction I receive from the attorney is the other party must be aware you are recording. |
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