What is the name of your state (only U.S. law)? FLORIDA
Bear with me. This is going to be long and sort of complicated. But any advice would be greatly appreciated.
I work with developmentally disabled people. I have been at this agency for 6 years. 4 years as a supervisor. Last summer one of my guys lost the ability to walk. For about 6 month I, and my staff, had to lift, lug, push, pull, roll, etc...this 70 year old, 5'10", 170 pounds of dead weight man. Since he didnt understand he made it worse by fighting against us, crossing his legs and holding them straight while we tried to change his diaper, and it goes on and on.
Basically, after months of this (with no medical training to care for a person like this) I was in severe lower back pain. Because there was no specific incident that I could attribute the pain to, I didnt report it. I kept working and fullfilled all my job requirements. As of a month ago the pain had moved to my spine, hips, knees, shoulders and neck. Still I said nothing because I figured it was too late.
Last month I was required to attend a class where basically they teach us how to restrain someone. I set through the first hour and a half of book work and then it was time to do the physical part. The very first thing you are required to do is 10 lunges all the way to the floor in 1 minute. I knew I wasnt going to be able to do that. When I informed the instructer of the class (who is also one of my supervisors) I was kicked out of the class. A few days later my executive director called me telling me she had just found out about my back problems and asked, if she could get it approved through worker's comp, would I be willing to go to a doctor. So that night I went to the clinic. I was given muscle relaxers, pain pills, a referral for physical therapy and told not to lift anything over 20 pounds and not to push, pull, squat, lift over my head, etc. The very next day I turned in the paperwork to our home office. I have followed the limitations but I have still continued working my job and fullfilling all my job requirements.
During this time I had gotten a new job. At least I thought I had. A live in position where my son and I would both be living with one person I would be caring for. And a part time supported living coach. Everything seemed great until the lady running this new agency found out I turned in my resignation at the old agency. Then I found out that everything she told me was a lie.
When I turned in my resignation I had asked to go PRN. As needed. Meaning they could call me if they had a shift open and I could work it if I wanted to. As a supervisor I had to give a 4 week notice which I did. They had filled my position within a few days so when I found out the week after I turned in my notice that I wouldnt be taking those jobs, I asked to change my notice from PRN to full time and was told yes. A few days later, after many people - including my assistant - were begging me to ask for my position back, I did. Frankly I needed the money. But I was sure they wouldnt give it to me because they had filled it....and I was right. That was ok. I expected that.
At that time I was told that I would be a full time floater. Which means I would possibly work at all our houses. I was told which houses I would be working at. I was told that the last week of my notice I would probably have to work at one of them in particular because someone needed training for something and they would need the help. I was told they would pay me my supervisor's pay until the end of my notice (June 22nd) evn though I would be working as "direct care" at the other house and my pay decrease would happen on the 23rd.
That was on Friday June 8th. Today I returned to work and around 4:30pm my program director (direct supervisor) and the executive director came to my house and asked to speak with me in my office. I was then told that the executive director had gone to someone on our board of directors and explained the situation to them about me being on worker's comp and having put in my notice and then changing from PRN back to full time. They told her to pay me through the end of the month and then let me go. Of course she said "We are not firing you." She had to say that because I am pretty sure its illegal to fire someone on worker's comp. She kept saying that with my limitations she didnt have any place to put me. She said she had just seen my list of limitations today yet I have been on worker's comp for 3 weeks. I have submitted all my paper work to the office after both doctor appointments and I specifically told her myself what my limitations were the day after my first appointment. She filed the worker's comp case herself. She sent me to the doctor. I have worked three weeks being on worker's comp and nothing was said. I was told very specifically that I could stay at full time hours, that I would be a floater, which houses I would be working at and how much I would be paid. All those things were told to me by the senior program director who is the supervisor between my supervisor and the executive director and she told me that this had all come FROM the executive director. And then today she said she had just seen my limitations, there was no where to put me, she wasnt firing me but the would pay me through then end of the month and then let me go.
And then they made me leave mid shift and turn in my keys and gather my things before I left. If I wasnt being fired then why did I have to leave like that?
So.....my question is this: Was any of this legal?????
Bear with me. This is going to be long and sort of complicated. But any advice would be greatly appreciated.
I work with developmentally disabled people. I have been at this agency for 6 years. 4 years as a supervisor. Last summer one of my guys lost the ability to walk. For about 6 month I, and my staff, had to lift, lug, push, pull, roll, etc...this 70 year old, 5'10", 170 pounds of dead weight man. Since he didnt understand he made it worse by fighting against us, crossing his legs and holding them straight while we tried to change his diaper, and it goes on and on.
Basically, after months of this (with no medical training to care for a person like this) I was in severe lower back pain. Because there was no specific incident that I could attribute the pain to, I didnt report it. I kept working and fullfilled all my job requirements. As of a month ago the pain had moved to my spine, hips, knees, shoulders and neck. Still I said nothing because I figured it was too late.
Last month I was required to attend a class where basically they teach us how to restrain someone. I set through the first hour and a half of book work and then it was time to do the physical part. The very first thing you are required to do is 10 lunges all the way to the floor in 1 minute. I knew I wasnt going to be able to do that. When I informed the instructer of the class (who is also one of my supervisors) I was kicked out of the class. A few days later my executive director called me telling me she had just found out about my back problems and asked, if she could get it approved through worker's comp, would I be willing to go to a doctor. So that night I went to the clinic. I was given muscle relaxers, pain pills, a referral for physical therapy and told not to lift anything over 20 pounds and not to push, pull, squat, lift over my head, etc. The very next day I turned in the paperwork to our home office. I have followed the limitations but I have still continued working my job and fullfilling all my job requirements.
During this time I had gotten a new job. At least I thought I had. A live in position where my son and I would both be living with one person I would be caring for. And a part time supported living coach. Everything seemed great until the lady running this new agency found out I turned in my resignation at the old agency. Then I found out that everything she told me was a lie.
When I turned in my resignation I had asked to go PRN. As needed. Meaning they could call me if they had a shift open and I could work it if I wanted to. As a supervisor I had to give a 4 week notice which I did. They had filled my position within a few days so when I found out the week after I turned in my notice that I wouldnt be taking those jobs, I asked to change my notice from PRN to full time and was told yes. A few days later, after many people - including my assistant - were begging me to ask for my position back, I did. Frankly I needed the money. But I was sure they wouldnt give it to me because they had filled it....and I was right. That was ok. I expected that.
At that time I was told that I would be a full time floater. Which means I would possibly work at all our houses. I was told which houses I would be working at. I was told that the last week of my notice I would probably have to work at one of them in particular because someone needed training for something and they would need the help. I was told they would pay me my supervisor's pay until the end of my notice (June 22nd) evn though I would be working as "direct care" at the other house and my pay decrease would happen on the 23rd.
That was on Friday June 8th. Today I returned to work and around 4:30pm my program director (direct supervisor) and the executive director came to my house and asked to speak with me in my office. I was then told that the executive director had gone to someone on our board of directors and explained the situation to them about me being on worker's comp and having put in my notice and then changing from PRN back to full time. They told her to pay me through the end of the month and then let me go. Of course she said "We are not firing you." She had to say that because I am pretty sure its illegal to fire someone on worker's comp. She kept saying that with my limitations she didnt have any place to put me. She said she had just seen my list of limitations today yet I have been on worker's comp for 3 weeks. I have submitted all my paper work to the office after both doctor appointments and I specifically told her myself what my limitations were the day after my first appointment. She filed the worker's comp case herself. She sent me to the doctor. I have worked three weeks being on worker's comp and nothing was said. I was told very specifically that I could stay at full time hours, that I would be a floater, which houses I would be working at and how much I would be paid. All those things were told to me by the senior program director who is the supervisor between my supervisor and the executive director and she told me that this had all come FROM the executive director. And then today she said she had just seen my limitations, there was no where to put me, she wasnt firing me but the would pay me through then end of the month and then let me go.
And then they made me leave mid shift and turn in my keys and gather my things before I left. If I wasnt being fired then why did I have to leave like that?
So.....my question is this: Was any of this legal?????
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