Workers' Compensation Discussion Forums

Hello all (from CA),

Just wanted to get some advice on whether my company did anything improperly in laying me off. I am on worker's comp currently for some repetitive stress injuries to my wrists due to biotech work. I was just laid off along with several other people due to the economic downturn. I can understand the economy angle, and how this would absolve them from retaliation, but there are a couple other issues that seem strange.

1. They hired a new employee about a week ago to do my exact job, and then turn around and let me go. I guess it might make sense since I make a few dollars more/hr than this new person does, but it seems questionable to me.

2. About 3-4 weeks ago I was offered a full time position (I was part time, recent graduate) in another lab, but I had to decline since I would be working in a situation that would put tremendous stress on my sensitive wrists and make me unable to perform my duties almost immediately. I checked there website today and they still are posting that position as available. It seems like it would be retaliation in a way, since if I had taken that job, which I was prevented from doing because of injury, I would likely not have been laid off. I am also not aware of any layoffs in that department.

So, seems like there might be some ethical/legal issues here, but as far as I know they can just use the economic angle on me. I would really only want to get involved with a dispute if it is a solid case or I could potentially get a good deal of compensation for it. there is also an issue with documentation since the doctors never issued any statement on my capabilities for the job I was offered. Please give me any advice you can, or point me in the right direction.

Thanks

you can review california's anti-discrimination provision (132a) here
http://www.leginfo.ca.gov/cgi-bin/displa...=110-139.6
the form for filing is here (guide 7)
http://www.dir.ca.gov/dwc/iwguides.html

KFenton, I find your explanation of Employment Retaliation way off base and so very incorrect. As you are a Part-Time employee that was laidoff work, along with others.

You have medical work restrictions that limit your ability.

You were offered work, yet full time, but you didn't accept it.

As you can see, as long as you were offered work, you have no, zero, recourse action at all. There are no legal issues either.

In fact, your Un-employment checks could just stop, because you were offered full time Employment yet you declined it. That is refusal to work.

Just because you have medical restrictions, it doesn't give you the right to think you should be treated different from your Co-workers.

I was offered work, but it was work that I would be incapable of performing due to my physical problems stemming from performing my job earlier... I hope that this would not give them the freedom to terminate me. It would be like offering someone with a serious back injury a full time job moving heavy boxes in a warehouse.

Pay attention to the situation at hand. And that is, all you employer has to do is offer you work. It does not matter what kind of work. Then as you state you have medical restrictions, and you declined the work. The employer didn't decline to offer you work.

So as to what took place was you refused work offered. But, you done so, only because you have medical restrictions. You didn't say that you would let your employer know about the job offer right after you call your doctor and ask them to lift your restrictions. You just declined it.

No matter how you look at, Work Comp Laws and Rules, are very different from Employment Laws and Rules.

Your employer has done nothing wrong. But, they were kind enough to offer a Part-Time employee Full-Time work.

Try to find a Court or Judge to see any different. For all you did was say your un-employable to them. That is not your employers fault.

You are not being treated any different then your Co-workers that got laid - off with you. In fact, your employer may of treated you better then them by offering you work and not them.

You should caution yourself, for if you rattle your employer, they might call your un-employment office up, and say your were offered work, you declined it, and your claiming your not employable to perform the work they had for. And then say good bye to your unemployment checks. It is that easy.

Again, your employer has done nothing wrong....

Plus the fact, all your looking for here is as you stated in your first Post on this Thread;

((I would really only want to get involved with a dispute if it is a solid case or I could potentially get a good deal of compensation for it.))) Well, there is no compensation for you declining to work...