Is this legal and fair employment practices?? Should I call a lawyer??
Thursday on the way to work I had a bad car wreck that involved me being taken to the er. I wasn't released to go back to work until Sunday. So, on sunday I show up to work and clock in and work for 45 minutes. I am a cashier, but have worked in other areas of the store. My CSM puts me working at the fitting room answering calls and checking garments until one of the managers shows up. One of the assistant store managers come to the fitting room desk and informs me that I will have to go home and come back tomorrow because he can not make accomidations for anyone if the injury did not happen at work. I tell him okay, but then I tell him that the injury did happen on the way to work. He says speak with the store manager tomorrow. (The store manager will not be back all week,he is on vacation) I will be okay and don't want to stay on light duty long. I just need for my ribs and arms to finish healing. If I work regurally, it could cause things to get worse.! What should I do???
Answers:
If there is a corporate office, consider speaking with human resources.
That's crap.
I don't know if its litigous but you would think he could accomodate you for a few days and give you light lifting duty.
your employer has the right to require that you stay home if you are injured. I am sure he could get sued by OSHA if he didn't. Its like the guy who didn't want to take breaks for lunch, but he was required to, and yet he thought it was unconstitutional.
It really depends if your work has "light duty" work available for you.If they dont than you just need to heal up.Thats what i had to do.If you have short term disability you will get paid for your wages lost but if you do not and your work doesnt have any "light duty work" than you wont get paid for your lost wages.
This question is probably beyond the scope of this forum. Unless you get an answer from an attorney with experience in employment issues, you should probably consult one.
You were not punched in at work, and even though you were on your way to work, you were not driving for "work purposes" there for your employer does not HAVE to accommodate you. However if you have short term disability through work, I would look into that. Also your auto owners insurance might reimburse due to the injuries being caused in a car accident.
Your manager is correct. They can not accommodate you for non-work-related accidents. Once an employer makes special arrangements for one employee then they are legally obligated to make them for all employees. For instance, once they have set the precedence of offering special working conditions for you, should another employee have a similar situation then they are legally entitled to provide the same conditions. Failure to do so would make them legally liable for discrimination. It's called setting policy through precedent.
This is an interesting issue, you can not claim workers comp for traveling to work, BUT if you were in a company car going to work then you can. The job doesn't have to accomidate you for injuries that happen outside of work, Most jobs will help you find something until you are a 100% The best course of action is to hold the insurance company or person responsible for the accident liable for all wages and losses. Good luck to you... I would say definitley get a Lawyer it will be worth it
Try talking to someone who has more authority than the one you dealt with. If noone is available then put up with it for now. They should try to work with you even if the accident was not work related. Once the manager gets back talk to them and let them know you were unhappy about being sent home, that you tried working and the assistant wouldnt let you.
I assume you are in the u.s.? Employers are required to provide reasonable accommodations to qualified persons with a disabilty. Unfortunately, I do not think that your temporary condition would qualify as a disability - it has to be a long-term or permanent condition. The assistant manager is wrong - they CAN make accommodations for a temporary injury even though it did not happen at work and they are REQUIRED to try and reasonably accommodate a person with a disability. Just because it happened on your way to work does not make it work related. You don't say if the car accident was your fault or the other person's fault but if it was the other person's faul, I would sue them for your missed time from work - in addition to your injuries, medical bills, car repair, etc... You can consult with an attorney (probably for free) but I'm guessing they are going to tell you that you don't meet the definition of disabled. Though, if they wrote a letter to your manager that may help - or, the company will just dig in their heels because they know that they are not legally obligated to accommodate you. However, another theory in employment discrimination is if they considered you to be a disabled person and treated you differently than others. That's kind of complicated. I'm not sure I would want to work at a place that wouldn't work with you after you were injured. I would try to find another job once you are healed. Good luck!
If you were released from a physician that you can return to work, then unless your physician stated that you had to go on light duty work, you should be able to do your regular position at your job (this is how your work is going to look at it). They are not required to provide special services to you without your doctor ordering it, and the fact that you were on the way to work does not factor into your situation, you were not officially at work at the time. If you want to go on light duty, I suggest going to your physician and having them write you a physicians statement that you need light duty for a certain amount of time. Fortunately, in this arena, the government has set about certain guidelines that your employer must follow: and federal laws do mandate that they cannot cause further injury to you by having your work outside of your capabilities when you have been injured> if you have that physicians statement. However, in the same token: they are not required to give you a position while you heal that they do not have. Anotherwords, they are required to hold your position for you while you are injured so that you will have a job to return to, but unless you are injured while on the job they are not required to put you in a new position while you heal, they just cannot fire you if you have a physician's note. Better get that note if you are not wanting to do your regular position, meaning you are unable to. Best of luck!
You have some responsibility in this, too. Did you notify them immediately after the accident? Did you request time off (vacation, or sick-time)?
I'm sorry, but travel to and from work is not covered by most employment contracts - it is up to you to get to work, and home. That is what car insurance, and long-term-disability insurance are for.
Does your job offer offer such insurance? Did you take it, or not? Failure to take it means you are out of luck.
I rather suspect that the probglem is your failure to notify them of your situation, and they just saw that you were not at your post when they expected you to be there. The easiest wsay out is probably just to get another job...
Ron.
First, the company has no responsibility to cater to you in anyway. They pay you to do a job. If you cannot do that job for any reason, including injury obtained out of work, they can fire you or put you on leave until they choose to bring you back. Second, if the doctor told you that you would be fine to return to work on Sunday, then you should have no problem performing your job. A doctor will not send you back to work if it will cause your condition to get worse. The company does not owe you anything. Your accident happened "on the way to work", not at work.Therefore, none of the responsibility you would associate with the company being at fault and liable apply. You have no grounds to hire an attorney and every reason to do what your employers tell you to do.
My mom hurted her back and her employees wouldnt let her do her normal dutys until the doctor completly cleared her, I know that they have the right to move you from your activities if you are injured because if your work makes you worst you could sue them, but Im not sure if they can send you home, even thou if we think about it sometimes they send you home when you are healthy if they dont have nothing for you to do, check with your union if you have one, and also talk to your doctor, tell him what you usually do and if your injures will be affected by doing them and ask him to give you some kind of paper for you to take to your work about what you can or cant do, they should ask you for it anyways.
Your manager is being illogical. It does not matter where the injuries were caused, if it is dangerous to you or others for you to be at work, he is right to send you home. That being said, if you are performing a useful function why can he not allow you to do so?
He has told you to come in tomorrow. Perhaps he is going to check with corporate office. Wait on the lawyer. It is always better to resolve issues like this amicably. See what tomorrow brings. If things do not progress to your satisfaction after you making a good-faith effort you should consult a lawyer to see what your options are.
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