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Disciplined after injury

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June64

Junior Member
What is the name of your state (only U.S. law)? California

What is the name of your state (only U.S. law)? California


I hurt my back almost 10 years ago. Had to get an atty because my employer hassled me. Got a settlement. Hurt my back again 8 years later due to unsafe working conditions (same employer, different location). Supervisor encouraged me to have the restrictions lifted or risk losing my job. Restrictions were lifted. Supervisor still refused to fix the unsafe working condition (heavy, awkward lifting), and 8 months later, my back is messed up again.

This time, the supervisor immediately took care of the unsafe working condition. 6 months later, I get written up, because the supervisor said it was MY fault I got hurt twice. I'm just a worker, and had no authority to order the proper equipment. Then he said he wrote me up, because "that's what happens when you take things outside of the plant". I went over his head this last time, hoping to get results.

Now the cold weather is here and my back is killing me, but I'm afraid to mention it for fear of losing my job. Is there anything that can be done for me?
 


June64

Junior Member
Yes, my employer did all of the workers comp paperwork. This last injury was made a part of the other claim.
 

Betty

Senior Member
If you're unable to work because of your back & some time off work would help, you might qualify for up to 12 weeks of job protected leave under FMLA.

Have you worked for your employer for at least 12 mos.? (seems so per your post)
Will you have worked at least 1,250 hours for your employer in the 12 months immediately preceding any leave taken?
Do you work at a location with 50 or more employees within a 75 mile radius?

I don't know if there might be a reasonable accommodation under the ADA or the CA FEHA that would allow you to do your job. You would have to bring this up with your employer if you think you could do your job with a reasonable accommodation. Just how many employees does your employer have?

Thanks.
 

June64

Junior Member
I don't know how many employees we have, but it's a local govt agency (city). I'm worried about asking for reasonable accommodations, because my supervisor gave me the option of having my restrictions lifted, or being moved to a job of way less pay, or even becoming unemployed. Right now, it's not about the accommodations. I'm beginning to have a lot of pain, because of the cooler weather.

I can't afford a cut in pay, and I can't afford to be unemployed. I am 6 years from retirement.
 

cbg

I'm a Northern Girl
Yes or no question;

Are you able to perform the essential functions of your position without a reasonable accomodation?

2nd yes or no question;

Are you able to perform the essential functions of your position with a reasonable accomodation?

Let's start there.
 

cbg

I'm a Northern Girl
Then you need to go to HR (first choice) or your supervisor (second choice) and say, using these words so that there is no misunderstanding of your intent, "I have a disability for which I need an accomodation under the ADA". Then you describe your injury and discuss with them what accomodations you need. They ARE entitled to medical verification from your doctor, which may include sending your doctor a list of your duties and getting his recommendations; however, they are not required to follow the recommendation of your doctor or give you the accomodation you want - they are only required to give you an accomodation that works.
 

Betty

Senior Member
The ADA requires that an employer provide a "reasonable" accommodation to those employees who are disabled and who need "assistance" to perform the essential duties of their position. Your employer is required to attempt to find an accommodation that will allow you to perform the essential functions of your position once you make your condition known to them.

There are "some" occasions when an employer is unable to find a reasonable effective accommodation. The employer would need to prove though that they could not come up with a reasonable accommodation that works.

As suggested, talk to HR or your supervisor & let them know you have a disability for which you need an accommodation under the ADA.
 

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