Filing 132(a)
My workers compensation claim was made in the State of: CA
I was put on paid admin leave after demanding my restrictions be met, which would mean hiring additional staff (whether they accommodated or put me on TTD). My supervisor and I had a "meeting" in his office where he angrily told me that my escalating several issues, including the work comp claims, (plural) that employees were suffering, had caused him an "unprecedented amount of scrutiny" from the other board members--his peers and partners in the business. I did indeed take these issues along with others, like salary surveys, and industry staffing standards to the new CEO, who then passed that information onto the others. I had been documenting and presenting these needs and facts to my direct supervisor for several months, as well as "limping" through my day, trying hard to stay within my work restrictions by using student interns to fill in the gaps. This was neither optimal nor long term, and when the semester ended for the college, so did the student rotations. This left me with two options: ask for help or work outside of my restrictions, leading to inability to heal or possibly furthering injury. Since my supervisor would not authorize me hiring part time or temporary help, I really had no other choice. We had a "heated discussion", words were said, and I did leave his office in an angry matter, went to the CEO and requested that further discussions with my supervisor be with her or another appropriate person present, as things were being said that I was uncomfortable with. 20 minutes later they told me to go home for the day. Once home, I received a phone call from my supervisor, telling me to take the next day off as well. Then the next day, he emailed me and told me to take the rest of the week off (total of 3.5 days, that it would be paid admin leave.) When I returned to work, I was written up for disruptive behavior. I asked my supervisor, again, and alone in his office, yet again, to observe my work restrictions, and was told he "will get to it when I have a chance." I sent him a email re-iterating our discussion, and cc'd the CEO. Another day passed, and I still had no one address my work restrictions or provide me with a plan or additional resources on how this would be done. I contacted my physician and told him my work restrictions were not being observed, he took me out of work completely. Upon my giving this information to my supervisor, I was told I was "abandoning my position and my staff" and then told that I was "refusing work". (I have emails and other documentation to support this.)
My WC atty said talk to employment atty, they said file complaint with DFEH. DFEH says they are investigating , so now my atty is filing 132(a). I jointly filed my complaint with the EEOC as well--for discrimination of disability and retaliation. I also have information regarding another injured employee who was terminated immediately after returning from FMLA protected leave for her WC injury as well.
What is the "burden of proof" that I have? Do many 132(a)'s have teeth, is there any other information I should consider? Such as IF the discrimination or retaliation is proven, do I settle this thru WC, or do I leave it open and have employment atty pick up??
Just another twist in the path of this hideous journey--any thoughts or opinions are greatly appreciated.
Reply With Quote
the thing is, I was told by the supervisor upon returning from paid admin leave, that I was to "get back on the machine", when I said "how can I do that and be in compliance with my work restrictions?" He said he would "have to think about it and get back to you, when I get a chance". I attempted to work at 25%--impossible with the staffing, so I complained again and was put off again, told PTP, he took me out, ER began disputing my injury after 9 months of treatments, work mods, etc. In other words, he said he had work for me, but it was NOT in my restrictions, there was no way---how can I only work 25% of the time when the job requires at least TWO staff members using their hands/arms 100% of the time and there was only one other tech there with me? He wanted me to continue to work and outside of my doctor's restrictions rather than say he didn't have work, which would put me on TTD and make him hire additional staff and increase his premiums with WC--which he actually voiced to me in a previous conversation (closed doors) that he had a concern about the increase in premiums.... jerk!!
Bookmarks