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  1. #1
    Join Date
    Jun 2007
    Posts
    6

    Default Am I Being Discriminated Against?

    I feel as if I'm being discriminated against. My company is having an activity, and the person running the activity has had issues w/me since I got injured. He sought me out to ask if I was signing up for said activity, and then said, with a smile on his face, Oh, that's right, you can't participate because you filed a claim against us, and walked away.

    is it legal for a company to withhold you from something for the ONLY reason that you filed a claim against them.

    I hope that you can understand what I'm asking. LOL

    Thanks!!

  2. #2
    Join Date
    Feb 2007
    Location
    florida
    Posts
    625

    Default Re: Am I being discriminated against?

    Does your company have a written policy prohibting anyone who has filed or is pursuing a wc claim from participating in company functions? If you have restrictions does this function fall within same? It is possible you are being discriminated against and you need to discuss this with your HR department or upper management.

  3. #3
    Join Date
    Jun 2007
    Posts
    6

    Default Re: Am I being discriminated against?

    Thanks for the reply. My company makes up the rules as they go along. The only problem with discussing this with HR and upper management, is they are the ones that are doing this to me. I don't know where else to go. Their is no set statement against workers comp claims and participating. The activity that is in question was posted 3 weeks ago, and now that it is 2 weeks away, they came out with Rules & FAQ's sheet. I would have been fine if they just posted the FAQ'S but the guy specifically sought me out and smiled the entire time we were talking. He KNEW what he was doing. He refused to give me a copy of the paperwork that had the FAQ'S on it, but I was able to obtain a copy from another co-worker.

    Thanks again,

    Last edited by justchecking; 06-20-2007 at 04:20 AM. Reason: added part of WC law w/part that makes me think I'm being discriminated against.

  4. #4
    Join Date
    May 2007
    Posts
    10

    Default Re: Am I being discriminated against?

    Sound like discrimination 2 me! Have you an attorney to confer with? If not you may want to seriously consider talking w/one.

  5. #5
    Join Date
    Jun 2007
    Posts
    6

    Default Re: Am I being discriminated against?

    The only attorney that I have is the one handling my WC claim. I have a call into him today, but he most likely won't get back to me until later this afternoon. Just wanted to see if it was only me thinking it was discrimination.

    Thanks!!

  6. #6
    Join Date
    Dec 2006
    Posts
    2,165

    Default Re: Am I being discriminated against?

    Justchecking, start a private "Daily Journal" and start DOCUMENTING everything. Be sure to date it, the time that it occurred and who ELSE witnessed any such statements, actions, etc. It IS illegal to discriminate and/or retaliate against you for having filed a WC claim, so it is VERY IMPORTANT that you DOCUMENT EVERYTHING.

    It is also illegal to discriminate against a disabled person, per ADA/FEHA laws.

    If you have work restrictions from your WC Doc, make sure that you do NOT exceed these restrictions, either at work or at home. At work, your employer has a duty to "reasonably accomodate" you per FEHA/ADA laws. Many WC attorneys do not specialize in this area, so you might want to get at least two consults with an attorney in this area of the law.

  7. #7
    Join Date
    Dec 2006
    Location
    Pa.
    Posts
    925

    Lightbulb Re: Am I being discriminated against?

    If the activity in question is something that's above your restrictions, then it doesn't sound like discrimination, only a smart a** that you have to deal with. If the function is within your restrictions, I would sign up out of nothing more than spite alone, and show up just to drive them nuts!! (LOL) Charles has given you good advice about the Journal, discrimination is very hard to prove, if you can try to get things in writing that may show discrimination along with the time lines of your Journal. Best of Luck, don't let the a**hole bother you, that would be falling into their trap. Just smile and go along with your Day, that would bother them more than an argument!!!

  8. #8
    Join Date
    Jun 2007
    Posts
    6

    Default Re: Am I being discriminated against?

    I'm no longer on workmans comp. They won't let me participate because I filed a WC Claim against them. I am healed and back to work now without any restrictions. So since i filed a claim, I'm not being allowed to participate. Doesn't even have anything to do with my injury.

    Does that make sense?

  9. #9
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,928

    Default Re: Am I being discriminated against?

    No! Speak to an attorney and get their take on it. In most states it is illegal to retaliate for an employee filing a WC claim and it sure sounds like a form of relaliation to me Justchecking.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  10. #10
    Join Date
    Dec 2006
    Location
    Pa.
    Posts
    925

    Lightbulb Re: Am I being discriminated against?

    If your no longer on w/c, and have a way to prove you were excluded from this function because you filed a claim, I agree with Steel! Have an Attorney that deals with workplace discrimination review your claim and proof, you may have a winner here if all of your Ducks are in a row!!

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