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Harassment and workers comp

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What is the name of your state? Minnesota

It seems that the disabilities act would not cover workers comp injuries, since they are temporary. What avenue does one have to take if they feel they are being harassed due to filing a work comp claim? Would the EEOC complaint procedure apply here?
 


What harrassment are you experiencing?
I didn't know it would make a difference, but in case it does:

Both being disciplined for doing the same things others are not being disciplined for - despite the supervisor "signing off" when they do it, and most recently being disciplined for something that was totally fabricated. When I proved and validated it was a fabrication based on my boss misunderstanding gossip between two other coworkers, my boss said, "Oh well. It's too late for me to do anything about it. What's done is done."

And I don't mean fabricated as in I think it's unfair; I mean fabricated as in something was written that was almost the exact opposite of what really happened.

That last part is what's made me look into taking counter-action. Since my return, on 3 different issues, my supervisor has told me I wasn't allowed to take my lunch break to attend OT sessions, arrive late due to Drs appts, or schedule time off due to anything related to my injury, unless I have a doctors note --- Yet others routinely leave early, attend appointments, and schedule time off for a variety of personal reasons - all without prior approval, or any recourse - The house has operated like this forever. Arriving late because your kid got sick at daycare, and arriving late because your occupational therapist got sick and there was only one time they could reschedule and it happened to make you 15 minutes late for a shift - why should these situations be treated differently?

And keep in mind here --- I'm not showing up late for work. I provided my supervisor with advanced notice, only to show up to work later and be reprimanded, saying I should have given more notice. In the cases of drs appts, I had 2 appointments scheduled over the course of 3 months, and my boss said that I would need to change those appointment times so they don't interfere with my work --- Even said that I couldn't use vacation time, or any other avenues to keep those times. It's crazy, because there is so much inconsistency -- I need to give further advance notice if an appointment is rescheduled, or I'll be disciplined, yet when I provide scheduled appointments a month in advance - I can't do that either. The only consistency is that my supervisor seems to really like taking action against me.

When I asked about the inequality, my supervisor - he was ballsy enough to actually state that because I have an injury, they need to take extra precautions so my coworkers don't feel treated unfairly. I'm still trying to figure out how that works.

Prior to my accident, in 3 years of service I have not taken time off (other than vacation time), or was otherwise disciplined for scheduling issues of any sort. Even when everything was completed on the shift and others would leave for the day, I would stay until the scheduled time off. I had even been encouraged by the supervisor to leave before the scheduled shift ends, barring all my work was done and no clients were in the house. It was a running joke that I'd say, "No, I need that extra 50 cents."

I've spoken with other co-workers, the ones who have always left early, taken time off, etc - each one is surprised that I was told I couldn't do this, and the ones who encouraged me to do something about it. As far as the fabricated write-up, each coworker has also validated that the event that I was written up for never happened. (Though I didn't share the write-up, just asked what happened) That doesn't even matter, because even the supervisor has stated it was a mistake, even saying that regarding my involvement, that I followed company policy and they would have done the same thing ---- Yet, I get a "Too bad, so sad." recourse. That seems somewhat wrong.

The only reason I attribute it to my injury is because, well, my boss said it is, and for weeks, despite me having a work release from my doctor specifically giving these details, asking me on a daily basis when I can start doing "real work". I know that's just jerk behavior, but compiled with everything else...

For your own peace of mind, I started a new job today, and will hopefully be transitioning to fulltime there - I've never worked for a company that's made me second guess how they treat employers, or if they are acting within the law, and I've worked for almost 20 years now. Things will be better, no doubt, when all of this is behind me, but I really would like to see this particular issue dealt with if it can be.

Not totally related, but this company is going under - I mean, not as a threat, but literally, looking at finances, and the rate they are closing houses - I can't see them lasting another 5 years. It's sad actually, but the truth is that they've been successfully sued for discrimination a few times in recent years. They are hyperaware of discrimination to the point, that I think they inadvertently screw up really basic concepts. Whatever though - just rambling now...
 
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ecmst12

Senior Member
You are protected against retaliation for filing a worker's comp claim. If you are eligible for FMLA, then your employer is also prohibited from taking adverse action against you for taking FMLA leave. I believe that includes not allowing you to use paid time off that you have available for FMLA leave.
 
You are protected against retaliation for filing a worker's comp claim. If you are eligible for FMLA, then your employer is also prohibited from taking adverse action against you for taking FMLA leave. I believe that includes not allowing you to use paid time off that you have available for FMLA leave.

Thank you. I have been trained in employment law and harassment, but only from a supervisory stand-point, not from a victims standpoint. I mean, I know what to do to not have someone accuse me of harassment, which is why I'm pretty sure of the wrongness of my situation.

So, what I'm looking for mostly now is what avenue do I take here? Does this pertain to the EEOC, or would I dive straight toward legal action. I know legal action is much easier when an EEOC has been filed, but considering I was only temporary totally disabled, I'm not sure I meet standards of the ADA (don't think I should, really).

I have the EEOC complaint form in my possession, but am unsure if this would be the first step or not.

It sort of stuck me funny: my employer provides these harassment trainings - 5 hours every year of employment, but not once do they talk about what one does exactly if they feel to be the victim of harassment. Rightfully they wouldn't.... ;)
 

cbg

I'm a Northern Girl
It's not whether the injury is workers comp or not that determines whether it is covered under the ADA; it's whether the injury is permanent or temporary. Since your condition is temporary, it does not fall under the ADA and the EEOC is not the proper venue.

You would deal with your state workers comp commission.
 

turnerl

Junior Member
helpppppppppppppppppppppppp

whats the difference in workman comp and disbility when you want to file a law sue
which is the best way to go. i am told workman comp send you through hell. any help
 

cbg

I'm a Northern Girl
It's not an either-or; you don't get a choice.

If the injury is work related, your SOLE remedy in 99.9999% of cases is through workers compensation, and you do not get to file a lawsuit against your employer (although in some, but not all cases, third party lawsuits are available).

If the injury is not work related, then you can file for reimbursement of medical expenses under your regular health insurance; for wage replacement under any disability policy that may be in effect, and depending on circumstances, a lawsuit may or may not be available.

You will have to provide additional detail for anything more relevant to your specific situation. It might be nice if you were to do so by opening your own thread instead of tacking it onto someone else's.
 

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