t_chelle16
Junior Member
What is the name of your state (only U.S. law)? Missouri
About 1 1/2 years ago, I started working at a factory that makes batteries. About 3 months into the job, I got switched to a position that involved a lot of repetitive hand movements and heavy weight. As a result, about 2 weeks after starting that position, I developed wrist pain. I waited a couple weeks and tried wrist braces hoping that would help, but it didn't so I eventually filed an injury report.
I was sent to their corporate doctors and put on light duty for about 3 weeks (seeing the doctor every week until the pain got better). A couple weeks after going back to my regular job, the pain came back. I went back to the corporate doctor and this time, got a doctor I hadn't seen before and he declared my injury wasn't work related (I should add that pretty much everyone doing this particular job had some kind of wrist pain - there were 10 of us at the time and all but 2 were wearing braces).
I eventually was able to bid out to another job that was easier on my wrists and was content. I was actually given the choice to have a hearing to fight the doctor's claim that it wasn't work related, but chose to drop the issue because a) I was fine in my new position and more importantly, b) with the economy crash, my company was starting layoffs and I was terrified that if I got laid off and had fought worker's comp, it would affect my chances of being recalled/rehired.
Fast forward a couple months: I did get laid off (it was a big group lay off so I don't have an issue with that). Their policy is that they will recall people based on seniority for the next 6 months. After that everyone left is officially terminated but will be able to fill out new applications and the hiring will be based on those/performance/team leader recommendations rather than seniority. My recall number was 27. They got to #25 and needed 12 more, but waited another month for the 6 month deadline to be up (part of me feels like it's no coincidence that they waited to fill the positions until the 6 months were up when otherwise I would have been recalled).
I went with everyone else to fill out a new application. I know for a fact that my 2 previous team leaders were recommending me for rehire and even requesting me for their lines. I also only had one absence in the year that I worked there and absolutely no write ups/warnings. I was also trained on several positions and used as a trainer for new hires at least 5 times. Overall, I'd like to think I was a good employee.
Having said that, it's been 4 months since we filled out new applications. I've called several times and been told by HR that I'm on the list of people who are being considered for re-hire. My boyfriend (who works there and is in good with many of the team leaders - ie he basically knows more than he should), had actually seen the list once and did see my name on it, however, about 3 weeks later, he was told by one of the team leaders that my name was removed from the list. That same day when I called to check in with HR, I was told that there was no list (despite being told several times before that my name was on it).
Since then, my boyfriend and I have made several pleas to HR and the plant manager only to be told that my name is on the list (yes, the list magically exists again). And I'm constantly hearing about all the people I worked with before getting rehired (some despite having several absences and poor performance and one lady originally told them she didn't want to come back - which should have been an automatic not-elligible for rehire - but was asked again and then accepted).
And now, just last week, they started accepting outside applications. It baffles my mind that if I am supposedly on this list of people they'll hire back, why would they not hire me when I am already familiar with the company and proven to be a good reliable worker that is already trained on several positions but they'll hire a bunch of people who know absolutely nothing about the place or how to do the job?
The only thing I can possibly think of is my problems with my wrists (my boyfriend said they're really cracking down on injuries now - one guy got wrote up just for accidently cutting his finger). Of course I can't prove anything, but just for my own peace of mind, I'd like to know if my wrist really is the reason they're not hiring me back, is that legal? Again, I know I don't have a case because I can't prove anything, but I'd just like to know that I'm not crazy to feel like I'm being discriminated against and having a workers' comp claim held against me.
About 1 1/2 years ago, I started working at a factory that makes batteries. About 3 months into the job, I got switched to a position that involved a lot of repetitive hand movements and heavy weight. As a result, about 2 weeks after starting that position, I developed wrist pain. I waited a couple weeks and tried wrist braces hoping that would help, but it didn't so I eventually filed an injury report.
I was sent to their corporate doctors and put on light duty for about 3 weeks (seeing the doctor every week until the pain got better). A couple weeks after going back to my regular job, the pain came back. I went back to the corporate doctor and this time, got a doctor I hadn't seen before and he declared my injury wasn't work related (I should add that pretty much everyone doing this particular job had some kind of wrist pain - there were 10 of us at the time and all but 2 were wearing braces).
I eventually was able to bid out to another job that was easier on my wrists and was content. I was actually given the choice to have a hearing to fight the doctor's claim that it wasn't work related, but chose to drop the issue because a) I was fine in my new position and more importantly, b) with the economy crash, my company was starting layoffs and I was terrified that if I got laid off and had fought worker's comp, it would affect my chances of being recalled/rehired.
Fast forward a couple months: I did get laid off (it was a big group lay off so I don't have an issue with that). Their policy is that they will recall people based on seniority for the next 6 months. After that everyone left is officially terminated but will be able to fill out new applications and the hiring will be based on those/performance/team leader recommendations rather than seniority. My recall number was 27. They got to #25 and needed 12 more, but waited another month for the 6 month deadline to be up (part of me feels like it's no coincidence that they waited to fill the positions until the 6 months were up when otherwise I would have been recalled).
I went with everyone else to fill out a new application. I know for a fact that my 2 previous team leaders were recommending me for rehire and even requesting me for their lines. I also only had one absence in the year that I worked there and absolutely no write ups/warnings. I was also trained on several positions and used as a trainer for new hires at least 5 times. Overall, I'd like to think I was a good employee.
Having said that, it's been 4 months since we filled out new applications. I've called several times and been told by HR that I'm on the list of people who are being considered for re-hire. My boyfriend (who works there and is in good with many of the team leaders - ie he basically knows more than he should), had actually seen the list once and did see my name on it, however, about 3 weeks later, he was told by one of the team leaders that my name was removed from the list. That same day when I called to check in with HR, I was told that there was no list (despite being told several times before that my name was on it).
Since then, my boyfriend and I have made several pleas to HR and the plant manager only to be told that my name is on the list (yes, the list magically exists again). And I'm constantly hearing about all the people I worked with before getting rehired (some despite having several absences and poor performance and one lady originally told them she didn't want to come back - which should have been an automatic not-elligible for rehire - but was asked again and then accepted).
And now, just last week, they started accepting outside applications. It baffles my mind that if I am supposedly on this list of people they'll hire back, why would they not hire me when I am already familiar with the company and proven to be a good reliable worker that is already trained on several positions but they'll hire a bunch of people who know absolutely nothing about the place or how to do the job?
The only thing I can possibly think of is my problems with my wrists (my boyfriend said they're really cracking down on injuries now - one guy got wrote up just for accidently cutting his finger). Of course I can't prove anything, but just for my own peace of mind, I'd like to know if my wrist really is the reason they're not hiring me back, is that legal? Again, I know I don't have a case because I can't prove anything, but I'd just like to know that I'm not crazy to feel like I'm being discriminated against and having a workers' comp claim held against me.
