A little over a month ago I had a serious injury resulting in having 2 metal plates put in my face. It was an assault that was a direct result of something that happened from my work. I had 4 weeks off for the surgery and recovery and went back to work on the 5th of July.
One day at work I had to leave to go to the hospital to get another CT scan done and had the paperwork to show that I was there. Another night when work was slow, I asked if I could leave, having not been feeling well from my pain medicine.
This past Monday night, another manager asked if I wanted to leave because it was slow. She had no idea if I wasnt feeling well. Just wanted to send me home if I wanted to go. I decided sure since it was my first day without pain medicine and was once again feeling crappy.
Today I have to go in to speak to my big boss. I have a strong feeling she is going to demote me because of time missed.
Can she legally do this and is there any recourse I can take if she does this?
2007-07-26 05:21:05 · 8 answers · asked by Jeff G 1 in Politics & Government ➔ Law & Ethics
Depends.
If you are unable to perform the tasks of the job you were hired on for with reasonable accomodation, then they can legally do this. Of course legally able and "should they do this". If they were to fire or demote you I can only imagine more headaches to come.
What I would do is talk to the Human Rescources manager or representative for wherever you work, and ask where you stand as an employee of the company.
From a legal standpoint, I am not quite sure you would be able to argue that the assault was due to the inaction of management unless you were to provide documented evidence of similar situations happening to other people.
But, that's for a lawyer to decide.
Of course this all stems off of whether you indeed are released or demoted.
2007-07-26 05:33:41 · answer #1 · answered by Anonymous · 2⤊ 0⤋
My local Walmart is demoting and firing people right and left for any reason they can come up with. It seems to be a system wide plan to terrify the employees with getting fired so they can bully the people working there into doing whatever they want for fear of losing their jobs. I'm betting they are doing it in really depressed areas more than others because people don't have options. Legally, yes they can do it unless he can show it was done as discrimination (race, religion, etc.) They don't have to show him the video legally unless he is being charged with a crime. It probably doesn't exist or someone else did it. Walmart is an evil employer, plain and simple. What would be great is if the employees got unionized. Then they would be treated fairly and get real benefits. In the meantime, he should look for a new job.You too.
2016-04-01 03:26:44 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Hello..i feel for you and sincerely hope you make a full recovery.Although I am no Lawyer I guarantee that any kind of corporation can come up with any kind of regulation and/or technicality that they want to do whatever they wish with your job status. And you will never have any success fighting anything unfair they will do to you IF you stand on your own. believe me I know I have been unfairly fired before. The best suggestion I can give to you is if you are unfairly demoted seek outside help from an organization such as the A.C.L.U. or the like.big business will trample you into the dust if you give them the chance.Stand up for your rights and don't let these people screw you over.Without diligent hardworking people like you where would their business be? In closing good luck again and don't let them push you around!
2007-07-26 05:43:41 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You say the assault was the result of work. If this could be classified as an on the job injury, then I believe you have some legal protection.
2007-07-26 05:32:26 · answer #4 · answered by Michael C 7 · 0⤊ 0⤋
Yeah but she should be understanding that you have two freakin plates in your face and that your not exactly gonna feel the best after that.Just let em know that your trying to come in and stay as long as you can but sometimes it hurts you alot and now that your off of pain medicine you might be hurting alot more
2007-07-26 05:32:01 · answer #5 · answered by Anonymous · 0⤊ 0⤋
if your pain is causing you to slack at work and not being doing the best you can then yes i think can. and you said the assult was because of work....so i'm assuming it might not of happened at work which would mean it's not on there time. if your going in to speak with your boss just let them know that you're getting better and should be good to go sooner then later. i'm sure they are just concerned on how your feeling about working.
2007-07-26 05:30:15 · answer #6 · answered by smile182 3 · 0⤊ 0⤋
I had a similar thing after I had worked for Sears for 10 years.
They would rather fire you than have you taking time off and screwing up their scheduling of manpower. Can they fire you...yes. Do you have legal recourse?....yes. I sued, and they settled for 10 grand real quickly. Good luck.
2007-07-26 05:28:04 · answer #7 · answered by skwonripken 6 · 0⤊ 0⤋
depends on the state, cause employment laws vary by state, your best bet is to talk to an employment lawyer as fast as you can, and DO NOT THROW ANYTHING AWAY that came from the dr. or relating to rx's
2007-07-26 05:30:48 · answer #8 · answered by Anonymous · 0⤊ 0⤋