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Can anyone define retaliation from employer involved with WC
#1
If you can be specific I would appreciate it..I am in Misouri
 
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#2
If you can hang in there for about 4-5 hours, I will contact my ex-wife,(she,s an attorny) even though she,s my Ex. were still the best of freind,s.We actually still love each other,(like brother and sister) we just can,t live together,,,,,,,,,,,,,,,,,,,,,,,,, So I will phone her, It,s 4:30am right now,,,,not a good time to wake her up....
On The Road to Recovery
 
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#3
Grundig, I would also be interested in what you find out.

Decided to file a complaint against my employer for noncompliance of ADA.
 
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#4
Looked into ADA some, and it seems whether or not you are protected comes down to the definition of disabled. Temporary conditions that do not affect major life activities (they use bathing, dressing, and brushing your teeth as examples) are not sufficient to allow you protection under the ADA. If you break your leg, but it will get better in a short time, you are not protected. If your disability is permanent in nature and affects your major life activities then you may find some protection. It all comes down to definition of disabled.
 
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#5
Yes, my disability is one of perm. I am hearing impaired and use assistive devices (which my employer knew about when they hired me) also with bilateral knee replacements that is also perm, don't know about the back.

My employer put in writting that they refuse to accomodate my disabilities, have the letter from them in my file. Also told me I didn't have to file a work comp claim and because I cost them to much money they refuse to work me.
 
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#6
I think i read where the employer has the right to decline assistive devices or accomodations if they deem the work place re-vamps or accomodations a hardship on their part (simply put...it will cost them too much money)
Bummer...in your case...they KNEW your disabilities prior ....which they are playing dirty.
LillySmile
Injured worker, & tired of it all! I'm too old for games!!

A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless!
 
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#7
I work for a college which receives goverment funding and compliance is different for those receiving goverment funding, they have to comply. Can't claim undue hardship as some business do.
 
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#8
Sounds like you might be on solid ground. Sounds like they are anticipating this (by the letter) and are prepared to defend.
http://www.dbtac.vcu.edu/whatsada-definition.aspx
Link might help
 
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#9
what I say is private sorry..look elsewhere
 
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#10
imsckofit Wrote:this a right to work state you can get fired. I know this sucks but Faith you are saying at the other site you want to sue for your company sending you to the wrong drop off or pick up site and if they would have not you would not be injured,I say this like elmo why if you have been hit head on in a car accident don't you go third party? do not say you cant because you can just sign waver of work comp case.
You have so much to gain going 3rd party and too much to lose not.

And Like I said earlier I just fired my lawyer and I am meeting with the new lawyer. On the phone he did mention to me it might be best to just go after 3rd party. I have to meet with him. I didn't want to file WC but HR said I would lose my job in 2 weeks. I have lost it anyway so after I meet with new lawyer we will discuss this. I just think I have gone this far they need to be rsponsible for what they are paid to do.....take care of injured workers.
 
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