My mom was injured on the job (broke ankle), she was put in a cast for 6 weeks-no work. Went back to the dr. and he said she wasn't healing fast enough; so he kept her in the cast. He told her she could return to work but only on light duty; she returned and was moved from her regular schedule of days to nights. After one week of work, she was removed from the schedule. After calling her boss, she finally called her back 4 days later. She stated that my mom had been laid off, due to the company being in the red and not being able to afford to pay her. She is still under dr.'s care at least until Nov., but now she has no compensation. Can they do this to her?
2006-10-05 06:04:01 · 9 answers · asked by angelmommahalsel 1 in Business & Finance ➔ Careers & Employment
Okay,here's what you do. Have your mom get all her documentation concerning what the doctor did for her,prescriptions,hospital billetc..
Go in person to the Department of Labor - Wage and Hour Division and ask to speak to a representative and tell him/her in detail what happened. Good luck.
2006-10-05 06:09:10 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If she works in a union shop, and employees senior and junior to her have been laid off due to decline in business, she has no case.
However, if she was laid off because of her injury and junior employees doing the same job as she was are working, then she has the basis of a good case and should file a grievance.
In addition, if the company has, in fact, stopped her Worker Compensation benefits, (contact the Insurance carrier that has been sending the checks to determine if, in fact, the company has instructed them to stop payment, or perhaps they have not been notified that she is no longer on the job). If the company has instructed the Carrier to stop payment she can contact the State Industrial Commission, a Division of the State Department of Labor, to file a complaint.
If she is not in a Union, contact the The National Labor Relations Board, (in the phone book under US Department of Labor listing, or Google them) to determine if there is a case.
Hire a competent employment law attorney as the last resort, and on a "contingency" basis (no fee until you win, administrative expenses wlll come off the top of the award, if any.)
Sound to me like retaliation for the on the job injury, if the company was not in the "red" before, they will be when the Industrial Commission, the Board and the attorney gets finished.
2006-10-05 10:20:07 · answer #2 · answered by PALADIN 4 · 0⤊ 0⤋
A thousand No's.
He has to pay 50 % of her salary & give her the job she had.
In India we have a schme ( ESI ) under which the special hospitals take care of the treatment and give a certificte which orders the employer to keep the work related injured person as absent from duty with permission.
The injured person has to obtain a certificate no sooner the injury takes place by the employer in the prescribed formet including a witness who saw the injury taking place during work.
With this certificate the concerned hospital takes care and when fully recovered issues a certificate to the employer to take the person back and keep the person on pay roll.Under this scheme the Govt pays 50% of the pay for a week and afterwords 75 % for a month 100 % for the rest of the period till recovery.
It is compulsory for all permenent workers or for thouse who have workred for 240 days contineously.
2006-10-05 06:29:53 · answer #3 · answered by SKG R 6 · 0⤊ 0⤋
I would go to a lawyer and see if she has a case. Frankly, I don't know that she does because they used the excuse of the company being in financial trouble, not because of her injury. They will argue that it had nothing to do with her injury at all and it just happens to be unfortunate timing. Also because they only laid her off and did not fire her, they can weasel out of compensation packages as well.
Still, go to a lawyer for a consultation...worst case you waste some time.
2006-10-05 06:14:54 · answer #4 · answered by Lauren 4 · 0⤊ 0⤋
It depends. If they granted her a medican leave of absence for 6 weeks and fulfilled it, then they've done nothing wrong (technically, if not ethically). They laid her off after she returned. If they've granted her leave for longer than 6 weeks and she was laid off while on leave, then you might have a case. All bets are off if it's a very small business - most laws don't apply to them.
2006-10-05 06:16:55 · answer #5 · answered by curious1223 3 · 0⤊ 0⤋
It depends on the size of the firm. She needs to contact the WC carrier and possibly a lawyer
2006-10-05 06:07:58 · answer #6 · answered by Pat F 2 · 0⤊ 0⤋
No they cannot and you need to see an attorney you sound like you have a valid lawsuit and the quicker the better .
2006-10-05 06:10:09 · answer #7 · answered by Kate T. 7 · 0⤊ 0⤋
Okay, yeah it sounds like you have a good case for a lawsuit. BUT....If they already told her they can't afford to pay her wages, what good would a lawsuit do?
2006-10-05 06:12:17 · answer #8 · answered by startwinkle05 6 · 0⤊ 0⤋
You really should hire a lawyer, I think you have a valid lawsuit.
2006-10-05 06:06:14 · answer #9 · answered by Anonymous · 1⤊ 0⤋