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Every state has different laws.
Is the attorney you talked to going to take your case after you file that complaint, and if so do you have to pay him up front?
I would not recommend filing complaints etc until you know what the benefit will be. What will happen from a complaint?
This may make your employer more hostile towards you. I would weigh this out. I always suggest trying to work things out if it is something that can be. You are correct in thinking getting another job when you have restrictions can be difficult. I would look at the big picture before filing a complaint, and will it be worth it.
If you are receiving workers compensation payments in addition to your regular pay for the hours they have decreased due to work restrictions your doctor gave you, then they are not retaliating against you. They are abiding by your doctors restrictions.
You should be documenting what is occurring at work, dates etc in case this does go to court. You have not stated what state you are from and all have different laws. In my state retaliating is difficult to prove and especially if you are still employed there. Are they treating you differently from other employees?
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
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I am in North Dakota, the retaliatory aspect of my question is more about taking away my free housing and rotating home every 6 weeks be with my family. They are saying they do not offer this privlage, but they have allowed me to do it for a year. The only reason its coming up is due to the workers comp being filed.
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As was said above make sure you think everything out and don't act out of anger. They love to make you mad and get you to do things that could hurt your case. I understand they have been giving you free housing and letting you go home but if this was just something they let you do and there is no rules in place making them do this they could simply be changing what they do to conform to what they should have been doing all along. Is this because of the work comp case? That can be hard to answer.
If they are paying you a lower wage but paying a wage loss that is what they should be doing. Now if you take another job and say it pays the lower amount you are getting now you could lose the wage loss they are paying you because they could say your new job pays this lower wage and you took it knowing this.
Again I wish you luck in getting this all worked out just don't act out of anger and think things out. This is now a number game to them and they win if they get away with paying you less then they should
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Thank You for the input. I am not in any way angry about the wages. They are trying to hit me where it hurts and that is seeing my family. I also understand to a degree that the free housing and rotation could be changed. With that being said I have a 2 year employment agreement with this company of which included the free housing and rotation home, and now the contract is nowhere to be found.
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company trying to force me into giving up my rotation and free housing should I sign new contract or seek legal advice, also I am scheduled to go home at the end of august and they have said I cannot go home this is at 8 weeks, the question is if I leave can I be fired or do they have to follow the companies guidelines for discipline.
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You should consult with an attorney.
Usually job abandonment is grounds for termination. That is what they may call it if you leave when you are supposed to be at work.
I understand you are upset, but being without a job when you are injured is not a good situation. I recommend getting legal advice and try to work things out with your employer.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
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I do agree that working something out with the employer would be a best case senerio but they are uwilling to budge. I have consulted a attorney and they seem to think the employer is trying to make me quit, or abandoned my current seditary position. The atty doesn't want me to sign anything befre he sees the paperwork.
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I was in the situation where my employer was trying to terminate me from employment from employment.
Things were so rough I decided I was going to quit my job until I spoke to my attorney. He told me quitting my job lets the employer off the hook for responsibility. I may have received medical but not wage loss.
Keep the job and get an attorney.
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heres an update, I called a meeting with everyone and we have met in the middle, I get to go home to see my family and in turn I lose my free housing its a good compromise for me.
New info from DR. I know have been diagnosed with a frozen shoulder, he wanted to schedule a manipulation in a week, I asked for another treatment and he put me in aggressive physical therapy 5x a week for 4 weeks. What is the best practice for this and does anyone have any recomendations
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09-23-2014, 12:03 PM
(This post was last modified: 09-23-2014, 12:03 PM by 1171.)
you should review information on a medical website as this is not so much an insurance issue.
or request a second medical opinion.
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.
