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+--- Thread: Retaliation for filing (/showthread.php?tid=17321)
Retaliation for filing - JShaner13 - 10-06-2017
I was injured and demanded a WC after 5 days. After that my work environment became unbearable-jokes made about my clumsiness, constant checking in on me, false accusations and finally a demotion to PT due to "inability to control (2 yr. old class)" and using "harsh tones" (I was crying). I was then drug tested and this was 14 days after accident. I have since been told confidentially that staff was told to call police if I showed up, as I was a threat and that this person was told I had stalked a co-owner and police were called. This never happened but she won't testify. I was demoted on 1st verbal warning and she had at least 5 write-ups (including 1 for falling asleep with children) yet no punishment.
Does this sound like retaliation? have been told by WC , the DOL and EEOC that none of them deal with such a complaint. An attorney told me it would be impossible to prove. Has anyone had luck with a retaliation claim?
RE: Retaliation for filing - 1171 - 10-06-2017
You'll need substantial evidence/corroboration.
What about other employees who have filed claims?
Especially ex employees....?
Is there a pattern of similar behavior from this employer?
Generally very difficult to get coworkers to retaliate against one of their own-- you may have to explain/prove their actions were staged.....
Consider filing a psyche claim.
It is suppose to be difficult to prove; it's a serious accusation.
Make sure you use an experienced comp atty; it's a specialized field in most states.
Witnesses can be subpoena'd for depositions.
Not all states treat discrimination as retaliation.
What's your state?
What's the status of your comp injury?