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employer retaliation?????
#1
[/font]ok here it is I was injured on the job I have a slap surgery, im back at work seditary work only they have reduced my hours to 40 hrs a week from 70 and have reduced my pay. For the last year I have been in company housing and part a my agreement was no rent, well now they want to charge me rent, alos I have been going home to Washington every 6 weeks to be with my family for 10 days they also are saying I cannot do that anymore. I do believe I am being retaliated against due to me getting hurt but n ot to sure of the laws
 
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#2
each state has their own comp laws.
all have anti-discrimination provisions.
the employer is allowed to make changes in the job due to your work restrictions.
however they cannot retaliate because you filed a claim and are getting benefits; there is a difference.
you will have to file a complaint and prove that the reason for employers behavior is because you filed a claim and not because of medical restrictions on what you can do.
again each state has a different procedure.
what state laws control your claim?
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
I am sure that they are trying to change my rent& rotation due to the workers comp. They are telling me that they don't offer this to mechanics, what is not in their favor is the fact that its been ok for a year and now that im hurt its not ok. I do know I have to file a complaint with the labor board and am waiting till they produce paperwork for me to sign, so I have some proof. The paperwork will be a rental agreement for company housing here in N.D. and something to say that I am no longer allowed to rotate out back to Washington ever 6 weeks. They have allowed this for a year with out any problem until now.
 
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#4
1 more thing sorry, They also pulled me into the managers office with HR and told me I could just leave and find employment elsewhere. I am not sure if I can do this do to restrictions and workers comp is paying a portion of my wages. I think if I leave that I may lose wage loss benefits.
 
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#5
So if you know you have to file a complaint what is it you want from this message board?
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#6
If it is worth my time to go thru the steps. I feel it is retaliation but I would like someone else to maybe give me a opinion on my situation.
 
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#7
Have you tried to speak with a lawyer who specializes is these types of cases? They can best advse yoy when you give them all the facts. I have heard these types of cases take many, many years to litigate.
 
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#8
I have spoke to an attorney and he said before he could get involved I needed to file a complaint with department of labor..
I have a question for anyone willing to answer.
I am wanting to write a letter of cease and desist for the retaliation of filing workers comp. or should I just file complaint with DOL.
or should I do both simultaneously.
 
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#9
The one thing I can add is that it can be very hard to prove. Employers do many things once you file a WC claim and I don't think I've heard anybody on here say they were able to get much done about it. We were union and they would cut wages, change your shift and things like this and there wasn't even anything our union could do about it. I wish you luck in your quest and hope you can get things changed. It's sad but its just the way some companies treat us after an injury. Also they want you to go away and quit. Don't do it. Normally this is only good for them
 
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#10
(07-16-2014, 04:29 PM)hurtnND Wrote: I have spoke to an attorney and he said before he could get involved I needed to file a complaint with department of labor..
I have a question for anyone willing to answer.
I am wanting to write a letter of cease and desist for the retaliation of filing workers comp. or should I just file complaint with DOL.
or should I do both simultaneously.

You should contact the Human Rights division for details on the penalties for discrimination in your employment.
I don't think an employee has any legal authority to issue or enforce a cease and desist order. That is usually reserved for state authorities.

You certainly can put your demand to stop discriminatory behavior in writing to your employer at any time.
I would also file the complaint.

http://www.nd.gov/labor/contact/index.html

You should get a response in a few months and litigation time varies tremendously depending on the workload and jurisdiction.

My opinion is that you should file a complaint. There may have been others. Bad employers need to be documented and a track record established.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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