January 16th, 2013

Let’s Talk with Kalola: Injured Worker Trying to Keep Job


Let’s Talk with Kalola, where targets can share their experiences with WBI’s blog readers. Here we go!

Dear Kalola,

I work for an educational facility. Have been there 22 years. Am extremely proficient at my job and am well liked. My bully has a 20 year history of abuse at our organization. I am the first employee she crossed the line with and worked to injury to try and teminate my employment. After much research I accept that she is a sociopathic serial bully. The organization refused to hear my pleas for help( I was the only 1 in the dept willing to stand and fight and I am the only female in that dept)I went to the union, the Board President, HR director, Cal-Osha, EEOC, Grand Jury, FEHA and any other place I could find. My injuries are lifelong and will have a negative effect on me and my quality of life as I age. Now my employer is attempting to terminate my employment by delaying accommodations and running me out of paid time off. The injury was 3 years ago, work comp trial was last summer. Two weeks after trial, I was pulled from the desk job I was subbing in and sent home until I could come up with accommodation ideas for my job.  I am still at home as the parts are delayed etc. I am a single parent with 1 income and they know it. The bully is being protected to protect their liability and I will lose my job because of this. With injuries that prevent me from working in my field in an economy that is unstable at best. This should never be allowed to happen to anyone.

Lena


Dear Lena,


It sounds like you have a work-related injury that occurred three years ago.  You didn’t state what your injury is or what caused your workplace injury.  What is needed in the way of accommodations so that you can do your job?  Did your doctor give you any work restrictions?  Are you able to do the essential duties of your job with or without a disability accommodation?  An accommodation is a modification/adjustment to a job or work site that enables the worker to perform the essential duties of the job.

 

Before filing further complaints to any agency whether state or federal, I would strongly advise you to consult with an employment and labor attorney who works with employees/plaintiffs only.  In California, you can find an attorney through the California Employment Lawyers Association at: http://www.cela.org/

Being pulled off work after the conclusion of your Workers’ Comp trial is not a good sign.  It might be in your best interests to see an attorney pronto.  Items to bring with you when you meet with an attorney:

  • Employee handbook
  • Union contract with the employer
  • Copy of job description
  • Copies of your Workers’ Comp paperwork
  • Copies of letters, e-mails from the employer and/or the employer’s legal representative relative to your work injury
  • Copy of your letter requesting accommodations for your disability and/or letter from your doctor including any work restrictions
  • Copies of your employee evaluations
  • List of questions for the attorney

The attorney will also expect to be paid so bring your checkbook.  When talking with the attorney stick to the facts.  Have your documents in order.  Make a copy of everything for the attorney’s file on your matter.  Time is money.  Attorneys are very good at itemizing the time they spend talking with you whether on the telephone or in the office, and billing you for that time.  Attorney’s fees add up quickly.  Bring a notebook and pen so that you can take notes.

Tell your Workers’ Comp attorney that you plan to consult with an employment and labor attorney.  Give the employment and labor attorney the contact information for your Workers’ Comp attorney.  Because of the Workers’ Comp trial, the Workers’ Comp attorney will have extensive files on your case including depositions, and medical records. 

I hope that you find help so that you can resolve your workplace issues.

 

Sincerely,

Kalola

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This entry was posted on Wednesday, January 16th, 2013 at 9:00 am and is filed under Let's Talk with Kalola. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.



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