Quote:
Originally posted by LBP:
Do you belong to a labor union? If not... you might need to be using "employment law" and/or "employment discrimination" terminology.
To me it sounds like you feel as if you might be discriminated for having a medical condition, a disability, need some accomodations, or perhaps you feel like your employer is retaliating against you for your medical leave or ongoing medical condition or disability. Or maybe even retaliation for having a workers comp claim???? You want to look at Employment law /Discrimination laws as well as Family Medical Leave Act and discuss and state common law possibilities. Have you started a converstation with your employer about what kinds of accomodations you need to perform your job?
Your employer may need some education. It's important to give your employer an opportunity to do the right thing if you are perceiving some unlawful treatment by your employer.
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LBP,
Thank you for all of the info. This gives me a great start!
To answer your questions:
I
do not belong to a labor union so "Employment Law" or "Employment Discrimination" are the most appropriate descriptions of concerning my situation.
And more specifics regarding the situation:
- My employers company size is 16 full time employees with an additional 15+ part time employees. The company's gross sales are about $8,000,000 per year.
- I've been out of work on TTD for 11 months.
- Workers comp claim
- I'm a 20+ year employee with a big title
- 20+ years of clean record
- 6 months prior to injury owners began hostile treatment towards me -- 2 meetings with owner and HR documenting -- petty stuff -- obviously an attempt to preassure me to quit. I wouldn't quit -- I fired back and asked them to release me if it was so bad. Things smoothed over after 1 month and it was back to normal. Never received any written warnings, etc. In fact, received positive written notes from owner PLUS accomplished sales goals and recieved bonuses after the hostility episode.
- I'm over the age 40
- Owner has not called or written with get well wishes etc. (usually shows concern). Maybe 4 calls in 11 months. (2 of them with a HR documenting)
- I've continuously stayed in touch with HR with updates (HR vents to me how difficult things are at the job)
- I know that they have not hired anyone to fill my position (they've used co-workers to complete my duties and hire part-timers to fill in the blanks.
I just have very strong vibes that they will either:
- let me go
- Demote me to a lower position with lower pay(since they can handle my postion now at a lower cost)
- Keep me at same position and be hostile toward me.
I know that they have legal advice. The company does have experience in legal issues. They had a harrassment case about 12 years ago that cost them dearly (legal fees and compensation to employee). There is a new partner who's full of money and has a huge ego and is not affraid to fight -- but does understand how to weigh out risk versus cost.
I just want to be prepared -- and I want to know what possible scenarios to expect.
Would love to hear your comments after learning more of the details.
Thanks.