job dismisal after going on workers comp and severance money

[saltyrose]

My wife's niece quit her job as a 911 operator for our city to attend officer training school because she was encouraged to become a police officer and the city was going to pay for the training. Toward the end of the training course they made her try to pick up a fellow cadet weighing over 200lbs (she's only 115) when she couldn't they told her to try harder so she did.
Needless to say she hurt her lower back severely. She couldn't complete the last training course physical exercises like boxing with her back injury, but they went ahead and pinned her and swore her in as an officer with the understanding as her back got better she would complete what she missed. Since she couldn't do officer work so they gave her a desk job, but they demoted her pay to cadet pay not officer pay even though they swore her in as an officer.

Now the real question begins. The city now has due to budget problems laid off9they use dismissed) all 6 of her cadet class officers including her. They are giving all these laid off officers a severance package of $20,000. They told her they didn't know what to do with her. The city finally decided they would give her workman's comp pay(70% of cadet pay) while she is injured, BUT
they will hold her $20,000 severance and deduct all costs of her workman's comp pay from it! Is that even remotely legal since the severance dollars are city dollars and the workman's comp dollars are insurance dollars how can her severance money be held hostage to repay insurance money?
The police union will not go to bat for her and told her to hire a lawyer if she didn't like it. The city won't talk to her.
She's injured and can't work trying to live on 70% of reduced cadet pay as well as can't afford a lawyer.
Any advice would be greatly appreciated.
Thanks,

[1171]

it doesn't sound like a work comp problem so much as an employment problem.
there may be a discrimination issue if that is not standard procedure for those with workers comp claims.
whether comp costs are a legitimate lien against her severance may be issue for the Insurance commission to handle. I assume the city is self-insured so they are both "city dollars".
there is generally a prohibition against employees being charged for workers comp claims and coverage.
there may not be many solutions outside of the legal area. she may find an atty who will take a fee from any recovery.
she should contact the work comp board for information about discrimination/retaliation for filing a comp claim and contact the insurance commissioner or self-insurance agency and labor commissioner about the paying for her own comp claim.
the granting of severance pay may be discretionary which may put a remedy outside of administrative jurisdiction.

[cme1954]

saltyrose Wrote:My wife's niece quit her job as a 911 operator for our city to attend officer training school because she was encouraged to become a police officer and the city was going to pay for the training. Toward the end of the training course they made her try to pick up a fellow cadet weighing over 200lbs (she's only 115) when she couldn't they told her to try harder so she did.
Needless to say she hurt her lower back severely. She couldn't complete the last training course physical exercises like boxing with her back injury, but they went ahead and pinned her and swore her in as an officer with the understanding as her back got better she would complete what she missed. Since she couldn't do officer work so they gave her a desk job, but they demoted her pay to cadet pay not officer pay even though they swore her in as an officer.

Now the real question begins. The city now has due to budget problems laid off9they use dismissed) all 6 of her cadet class officers including her. They are giving all these laid off officers a severance package of $20,000. They told her they didn't know what to do with her. The city finally decided they would give her workman's comp pay(70% of cadet pay) while she is injured, BUT
they will hold her $20,000 severance and deduct all costs of her workman's comp pay from it! Is that even remotely legal since the severance dollars are city dollars and the workman's comp dollars are insurance dollars how can her severance money be held hostage to repay insurance money?
The police union will not go to bat for her and told her to hire a lawyer if she didn't like it. The city won't talk to her.
She's injured and can't work trying to live on 70% of reduced cadet pay as well as can't afford a lawyer.
Any advice would be greatly appreciated.
Thanks,

[cme1954]

Dear Salty Rose, very interesting... I do believe they can hold you severance package while you are on workman's comp. BUT I also believe.. they can NOT deduct your WC payments from your severance package. because like you say that is a ins. that they must carry on all employees, has nothing to do with what they offered you. they can hold the pay out because do to being on WC you are still employed by them. meaning you have not be let go, you are still an employee for that company! As far a a lawyer goes, you do not have to come up with any money to pay them . they will take your case, and if you don't win they don't get paid lots of Lawyers that will take on this for you. make sure that is what they do fight workers comp Ins. companies and employers.. hope this help been there done that.. good luck.