Hello folks, I'm new to this fourm

[BigDan01]

I wish I'd sought such a forum before now, as my wife and I both have active workman's compensation claims.

Although I could start out talkng about my situation, I feel like she needs some advice, and perhaps I can find some of the "good" kind on this board.

She just went back to work today after being off since July due to surgery on both her hands. Her employer, after one year and three IME's agreed to the surgeries as being from work related repetitive motion.

My wife also has injuries to her elbows, which have just recently been positively identified, which she will need surgery to correct.

All this, is after a twenty year office career. She hired a lawyer in 2009, as years ago she had surgery on one elbow, and asked for no financial settlement, and found that her "loyalty" was far from appreciated. Within weeks of her employer discovering she had hired a lawyer, she was demoted from office manager. Though, they didn't change her pay, they changed her job duties to those which the newest, or lowest level, employee has traditionally been assigned.

Today, she was given the "silent treatment" by her co-workers, including having to stand and wait for the current office manager to finally acknowledge her so my wife could ask what her new "password" was to sign on to the computer and do her job.

We feel, these are careful attempts to harrass her without being obvious about it. they would like nothing more than to force her to quit (in our opinion).

I'd like to point out that she had an unblemished work record until her injury, and subsequent hiring of a lawyer. Last year, during the year of trying to get approval for surgery, she received a written review and was graded low for attendance...though most of her missed work days were due to the pain in her hands, or Doctor appointments, including frankly those three IME's which took place hours away from our home.

I've suggested she document in a journal the events of each work day. I don't know what else she can do, does anyone have any advice?

Thanks, BigDan (Edited to correct typos)

[1171]

I'm not sure what your wife wants.
the injury can't be undone.
she will likely have permanent restrictions and probably can't perform the same jobs she did before--at least not safely and without potential injury.
no one likes to be "sued" and you can't make an employer like her for it.

she can't turn the clock back and have everything be like before.
looks like she and her employer have moved into a new stage in the relationship; and the injury highlighted it.


there are a lot of eager, good employees looking for jobs now and businesses look to the future not to the past.
it's reality and sometimes a bit colder then we expected.

there are anti-discrimination laws but they really only protect against the most blatant and worst offenses which it doesn't seem it has got to yet.
she should discuss the situation with her atty.

[BigDan01]

"I'm not sure what your wife wants."

Thank you for the reply. She wants to feel like her job is secure, and that she isn't being punished for having a body which happened to wear out from doing her job.

It is probably naive to think that it could happen. As you say, they've entered a new relationship highlighted by the injury. I suppose she's going to have to grow a thick skin for awhile and deal with whatever reprisals come her way.

What I would like, is to understand exactly what constitutes harrassment (In Illinois) so that she and I can establish what we will tolerate and what we won't. I've read the laws, but I'm far too close to the situation and it all seems like harrassment to me....I suppose documentation, and communication with her lawyer, are the way to go.

Again, thank you.

[1171]

I'll respond to more then you asked and hope I'm not too blunt:
(my answers on this board are not just for Dan but for the many others who may read them later and have similar concerns)


to me that's unreasonable.
from reading hundreds of posts for years I find that no job is secure. in most states employment is at will and both the employee and employer can separate without giving a reason.
I hear what you are trying to say but it's sloppy logic:
her feelings are her own choice and under no other's control. she should not give in to attempts to manipulate her attitude.

she does have a right under comp laws not to be discriminated/retaliated/harassed for filing a claim.
not all adverse consequences from an injury are discriminatory under the law.
not all discrimination is illegal.
you realize that and are right to seek to understand the differences.

yes. good that you recognize you are not in a position to judge objectively.
the law requires fairly clear and overt acts that clearly document financial or other measurable loss/damage that can be recovered only through legal action.
while silent treatment and delays in getting a password appear as loud and clear harassment to your wife, they will likely be seen as trival when describing them to a judge.
how will your wife detail the losses she suffered from such behavior?
what is 'silent treatment" worth in damages?
generally the courts reserve their use and limited resources for far more serious behavior.

In my opinion while these actions may result in hurt feelings and signal more damaging actions to come, as yet they do not rise to a level of serious discriminatory behavior or harassment on the part of the employer.

yes, she should speak to an employment atty who can explain how to distinguish bad and rude behavior from harassment and discrimination requiring legal action.

[BigDan01]

Thanks again, 1171. Something you said really hit home. To phrase it in my own words, "You're only as good as the last game you played."

Despite having a long term record of good performance, and having willingly avoided legalities from a previous injury, my wife is only as good today, as she is today, in the eyes of an employer.

She and I are far too close to the situation to be objective. We do see harrassment around every turn. As I mentioned, we are both involved in wc claims and the stresses play a role in our perceptions.

On the other hand as the expression goes, "Just because one is paranoid doesn't mean there is nothing to worry about."

Again, we'll keep her lawyer appraised, I think she should continue the journal, but hopefully with time things will simmer down and return to something like it was before she was hurt.

[jayne]

good luck with both your claims.....it is never easy to go back into a stressfull workplace

[orange]

documentation and especially if you can get others on board speaks volumes when employer or others are not aware you're doing it! can bring down a building if done ninja like.dates times people involved

[chrischris]

You know your wife better than anybody else, so this is just a sideline suggestion to what you've already been advised.

Returning to work should be a positive experience. Unfortunately, sometimes it's not that way.

If your wife is showing signs of depression like crying a lot, not interested in going anywhere, weight gain or loss, etc., please seek some therapy for her so she can deal with it before it becomes a very serious problem.

For me, I returned to work and everything was ok for awhile, until it became apparent that I had some permanent disability. Long story of harrassment, demotions, etc., and I started suffering "unrecognized" depression. Didn't know what it was but I sure wish someone at work or one of my doctors had recognized this and said something. Then with continued harrassment and trying to resolve the problems on my own, I had an emotional breakdown while at work, which kept me off work for 16 months.

Could have filed for ADA discrimination and FEHA but after much thought, it wasn't me, to do this. And I felt it would only exasperate my emotional status. WC is hard enough to travel without adding additional litigation. Just my opinion and I'm now happy with my decision.

I will tell you though that I did talk to some FEHA attorneys who told me what 1171 told you. In a judges eyes, the problems may seem trivial. Unless your case involves sexual discrimination which makes the big bucks for attorneys, most won't even talk to you.

I sincerely hope things at work improve for your wife.[/i]

[BooBoosNeck]

chrischris Wrote:You know your wife better than anybody else, so this is just a sideline suggestion to what you've already been advised.

Returning to work should be a positive experience. Unfortunately, sometimes it's not that way.

If your wife is showing signs of depression like crying a lot, not interested in going anywhere, weight gain or loss, etc., please seek some therapy for her so she can deal with it before it becomes a very serious problem.

For me, I returned to work and everything was ok for awhile, until it became apparent that I had some permanent disability. Long story of harrassment, demotions, etc., and I started suffering "unrecognized" depression. Didn't know what it was but I sure wish someone at work or one of my doctors had recognized this and said something. Then with continued harrassment and trying to resolve the problems on my own, I had an emotional breakdown while at work, which kept me off work for 16 months.

Could have filed for ADA discrimination and FEHA but after much thought, it wasn't me, to do this. And I felt it would only exasperate my emotional status. WC is hard enough to travel without adding additional litigation. Just my opinion and I'm now happy with my decision.

I will tell you though that I did talk to some FEHA attorneys who told me what 1171 told you. In a judges eyes, the problems may seem trivial. Unless your case involves sexual discrimination which makes the big bucks for attorneys, most won't even talk to you.

I sincerely hope things at work improve for your wife.[/i]

There is also age discrimination. No matter what anyone says your age definitely makes a difference on whether or not they want you back. Good luck.

[BigDan01]

Just an update. I've tried typing this without gloating a couple times and haven't had much luck.

Eighth try.

Short and sweet this time...imagine there was one person in a zoo whose job it was to keep all the cages closed. The "lock" person so to speak? Imagine what the zoo would be like if all the cages were suddenly left open?

Turns out, while my wife was recovering from surgery all the animals in her office got lose. Fudged reports to the "Board" because no one knew how to work up the correct numbers. Information not processed on a daily basis...lost. Deadlines missed...bigtime missed.

The monkeys are lose, the elephant is giving birth in the warehouse, the tiger ate the receptionist, the boss is now the love interest of the 800 lb. gorilla!

My wife's job is safe. If we had any guts she'd quit and offer to cunsult for about twice what they pay her in salary.

I'm sure they will try to rectify this reliance by picking her brain for the 20 years of expeience she has garnered as the person who actually ran the place while the Director played politics with the Board.

But, as 1171 said, she and her employer have entered a new stage of their relationship hilited by her injury (or how they treated her during her injury, surgery, and return to work). Well....if you're going to run the place like a zoo...don't mistreat the locks.