What can I do.....Pennsylvania

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What can I do.....Pennsylvania

Post  minc3 on Thu Sep 18, 2008 2:39 am

I'm about at my breaking point. I've worked for Goodwill Industries for the past 1 1/2 yrs. I've never been wrote up for anything and have never had any issues at work....that is until recently. In Dec 2007, I was injured at work. I missed 1 week of work because of the injury. I had surgery for the injury in June of 2008, However, between December and June, my injury never interfered w/my job at all. I actually did things at work that my doctor advised me not to do. But because it was either I do it or it not get done, I did it anyway. When I returned to work in August, things went steadily downhill. The first 3 weeks I was at work, my hours were cut by at least 10 hours...sometimes more than 10 hours....and this is at a time that we were short handed and they were asking for volunteers to put in more hours!! I caught our manager allowing a head clerk to purchase items from our store....which is against policy...and I reported it. BIG MISTAKE!!! Since that time, my life has been a living hell. Its gotten to be such a hostile work environment, that I'm thinking of quitting. I hate to do so, because I've always loved working there. I just cant handle much more of it. Is there anything I can do?
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Re: What can I do.....Pennsylvania

Post  JoeC (McGruff) on Thu Sep 18, 2008 3:06 am

If you are being leaned on by the employer for filing a Workman's comp claim that is illegal. So contact a W.C lawyer. The right of Pennsylvania employees to be protected from wrongful discharge has been expanded by the Superior Court in Rothrock v. Rothrock Motor Sales, Inc., (Sept. 25, 2002). In Rothrock, the Superior Court held that a wrongful discharge action is permitted in Pennsylvania when an employee is fired for refusing to dissuade a subordinate employee from pursuing a workers’ compensation claim. The significance of Rothrock lies in the fact that the Court expanded the scope of the public policy exception to the employment-at-will doctrine beyond the employee who filed the workers’ compensation claim. The Rothrock holding has wider application than the narrow circumstances presented by the case.

I am not telling you to quit but an attorney may see enough to quite and file a constructive discharge suite. If Pa. allows that theory.

Link her for an employment attorney in Pa. http://www.nela.org/NELA/
JoeC

P.S Moved to Workers injury forum
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Re: What can I do.....Pennsylvania

Post  bears00 on Thu Sep 18, 2008 3:12 am

First, the term hostile work environment has a particular meaning under the law, and your situation DOES NOT fit that.

Second, did you ask why they cut YOUR HOURS despite offering others overtime? I am asking because I am the devil's advocate. As Joe pointed out, singling you out BECAUSE you filed a comp claim is illegal; however, are you CERTAIN of what all of your comp records contain? I ask because there COULD BE something in your comp records that releases you to a specified max number of hours per day or per week. Employees don't ALWAYS see all of their comp records. Therefore, it is within the realm of POSSIBILITY (unless you have asked) that they have a very legit reason for not offering you the additonal hours.

Third, there isn't anything ILLEGAL about your boss breaking company policy for one person. Against policy, yes---illegal, no. FYI...calling the boss out on the carpet always makes them act as though you have pissed in their Wheaties Laughing Laughing Laughing
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What can I do.....Pennsylvania

Post  minc3 on Wed Sep 24, 2008 1:39 am

I consulted w/an attorney not long after my surgery because of the trouble I was having getting my w/c checks...it took me 5 wks to get my 1st check.... And after today, I've decided to retain him. I was at work and my manager told the other workers....in front of me...that they weren't to speak to me. I've had enough of the stupidity and have decided to do something about it.
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Re: What can I do.....Pennsylvania

Post  JoeC (McGruff) on Wed Sep 24, 2008 1:55 am

Good luck minc3 sounds like you found your Johnson's, our prayers are with you keep us posted. If your interested you can check your attorney rating on this site http://www.martindale.com/. Martindale-Hubbell uses a peer review rating system.
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Re: What can I do.....Pennsylvania

Post  bears00 on Wed Sep 24, 2008 3:30 am

minc3 wrote:I was at work and my manager told the other workers....in front of me...that they weren't to speak to me. I've had enough of the stupidity and have decided to do something about it.

Singling you out BECAUSE of a comp claim is not legal. Get that attorney FAST!
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what can I do....pennsylvania

Post  minc3 on Fri Sep 26, 2008 12:50 am

I spoke w/my attorney. He's just eating up all the stuff that this woman has done to me, my daughter and another girl that are on comp. My manager was put on "indefinite suspension" as of today for what she said to me Tuesday at work. I actually feel bad....I shouldn't after all the stuff that has happened with her there since I went on comp in December, but I do....but then as a friend said....would she feel bad if it was me that was suspended? NO!!! She'd be loving it. So, I'm trying not to feel so bad about it. I have always just wanted to be left alone and treated fairly. She made it personal. flower
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Re: What can I do.....Pennsylvania

Post  JoeC (McGruff) on Fri Sep 26, 2008 12:57 am

minc3 wrote: I have always just wanted to be left alone and treated fairly. She made it personal. flower
Damn right glad this board helped you.
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what can I do....pennsylvania

Post  minc3 on Fri Sep 26, 2008 12:57 am

this has nothing to do w/the other issue, just a general question maybe you can answer.....there have been "rumors"...(we know how rumors can be)...at work. That since the "name" of our company has changed, that they want all the workers to sign a paper to resign their post and then be rehired by the company under the "new name"? Is this something that they are able to do? And what happens if I refuse to sign the paper?.....Its supposed to happen b4 the new year.
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Re: What can I do.....Pennsylvania

Post  minc3 on Fri Sep 26, 2008 12:58 am

y'all have been awesome!!! It's nice to be able to go somewhere and get answers IN ENGLISH quick. Not like those posters at Laborlawtalk.
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Re: What can I do.....Pennsylvania

Post  JoeC (McGruff) on Fri Sep 26, 2008 1:02 am

Hey this is not some pro-employer lackey site, McGruffs loves to take a bite out of crooked employers. That only happens when posters get the guts to stand up for themselves.
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Re: What can I do.....Pennsylvania

Post  JoeC (McGruff) on Fri Sep 26, 2008 1:49 am

minc3 wrote:this has nothing to do w/the other issue, just a general question maybe you can answer.....there have been "rumors"...(we know how rumors can be)...at work. That since the "name" of our company has changed, that they want all the workers to sign a paper to resign their post and then be rehired by the company under the "new name"? Is this something that they are able to do? And what happens if I refuse to sign the paper?.....Its supposed to happen b4 the new year.
Worry about that when it happens.
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Re: What can I do.....Pennsylvania

Post  OutLawyer on Fri Sep 26, 2008 12:02 pm

minc3 wrote:this has nothing to do w/the other issue, just a general question maybe you can answer.....there have been "rumors"...(we know how rumors can be)...at work. That since the "name" of our company has changed, that they want all the workers to sign a paper to resign their post and then be rehired by the company under the "new name"? Is this something that they are able to do? And what happens if I refuse to sign the paper?.....Its supposed to happen b4 the new year.

There is no reason to resign from one employer to be hired by another. Lots of people have two jobs. In this situation, all they have to do is tell you that you will not get more hours under the old name and will start under the new name.

It doesn't sound like a trick, just stupid.
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Work restrictions/ Pennsylvania

Post  minc3 on Mon Oct 06, 2008 2:18 am

Got a question....hope you can answer it or give me an idea of what to do. What do I do if my employer isn't following medical restrictions (in fact, she finds it a joke)?
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Re: What can I do.....Pennsylvania

Post  JoeC (McGruff) on Mon Oct 06, 2008 2:37 am

If your injury gets worse on account of them disregarding the restrictions it may give rise to liability on the employer outside of the no-fault W.C scheme. Under a vicarious or direct liability theory. Do you have an attorney? If so notify him promptly.
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Re: What can I do.....Pennsylvania

Post  bears00 on Mon Oct 06, 2008 12:14 pm

When you say your "employer," explain more about what you mean. Do you mean your supervisor, the owner of the company....
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Re: What can I do.....Pennsylvania

Post  minc3 on Mon Oct 06, 2008 8:52 pm

employer...meaning manager.
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HELP.....Pennsylania

Post  minc3 on Tue Oct 07, 2008 11:31 pm

I'm hoping someone out there can tell me what to do. I'm so jacked off right now its unreal.
I've been working the past 3 weeks or so w/restrictions that make it so I can basically use my left hand only at work. (no walking, standing, bending, reaching, pulling) For the 1st 2 weeks of those restrictions I was forced to sit in the front of the store and answer the phone. It actually wasn't too bad. I had customers to talk to and people watching to keep me busy. Makes for a long day, but all in all not horrible. Yesterday when I went into work, I was told I had to sit in the back stock room. I'm not supposed to be talking to customers. (no one ever said I was to sit there like a mute idiot and not speak to customers when they speak to me or greet them when they walk in the door) So yesterday I spent 7 hrs in a 3 by 3 space sitting on a hard plastic chair w/a bar stool in front of me that had a phone on it. I was scrunched down on the chair w/a pillow behind my shoulder. Off and on I closed my eyes (not to sleep, I was dizzy) I'm taking 2 medication that cause drowsiness, however, it also makes me dizzy as well.

Today when I went into work I got wrote up. A verbal warning for "improper conduct". It says "On Oct. 6, 2006, my name, sales associate, was scheduled to work in the back room answering phones. On several occasions she was observed with her eyes closed and her posture indicated that she was asleep. 'Resting your eyes', dozing and/or sleeping are completely unacceptable work behaviors.
This is a verbal warning. Future violations of this or any other (place where i work) policy can result in additional disciplinary action up to and including suspension and or termination of employment with (place where I work)"

To which I replied in the comment section; " I was NOT sleeping or dozing. In order to be seated for such a long time in the same position I have to take pain medication which makes me tired and dizzy. I was sitting w/my eyes closed because I was dizzy, NOT SLEEPING.

Every time the phone rang, I answered it. Every time someone spoke to me, I answered them. I was not approached by anyone from management and asked if I was sleeping or not feeling well or anything.

Is there anything I can do? (besides get my anger out by standing outside and screaming at the top of my lungs?





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Re: What can I do.....Pennsylvania

Post  JoeC (McGruff) on Wed Oct 08, 2008 10:54 pm

Tell your attorney. I thought you retained an attorney in your last post.
Topics merged


Last edited by JoeC (McGruff) on Thu Oct 16, 2008 2:31 am; edited 4 times in total (Reason for editing : Topics merged)
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Re: What can I do.....Pennsylvania

Post  minc3 on Thu Oct 09, 2008 2:04 am

Incredible whining by minc3 about his attorney. He was so embarresed by his whining he deleted his own post!


Last edited by minc3 on Tue Oct 14, 2008 1:32 am; edited 2 times in total
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Re: What can I do.....Pennsylvania

Post  JoeC (McGruff) on Thu Oct 09, 2008 2:26 am

Your letting your anger get in the way of good judgment, you can get a second opinion certainly. The attorney is correct don't give them cause to fire you,and don't quite. You think this going to be easy?
If they fire you without cause this gives rise to a violation.

The legal system moves slow but it moves now get some guts! The employer is going to hassle you and try to make you quit don't let it happen.

One other thing don't post on laborlawtalk.com those asshole senior posters with 10,000+ posts by their user name are lackeys for the boss. That is a sham site! Reading the comments your getting over there its no wonder you are upset. EllMd is a stupid cunt, she is a workplace slacker. She comes to that board during working hours looking for open wounds to rub salt in. Don't believe a word she says. You go over there winning like a pussy making those asshole's day when you should have come to McGruff to start with.

Then McGruff has to dole out the tough love and look like a hard guy. Pull yourself together dude. Remember the posters on this board have real jobs they cant goof off during working hours like the clowns on L.L.T so when you post be patient you will get replies.
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Re: What can I do.....Pennsylvania

Post  minc3 on Fri Oct 10, 2008 12:08 am

I sent you a P.M and your refused to ansewer WHaaaaa!


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Re: What can I do.....Pennsylvania

Post  JoeC (McGruff) on Fri Oct 10, 2008 1:43 am

I did not refuse. I told you to post on the public forum not to P.M me since Bear00 moderates the Workman's comp forum. The reason for that is she knows more on the topic. Now as I said the posters here have jobs of their own. You posted you will get a reply. There is no need to be inpatient and get all worked up.
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Re: What can I do.....Pennsylvania

Post  bears00 on Fri Oct 10, 2008 3:00 am

First, you said your MANAGER won't abide by your restrictions. By chance is there an HR department or does your MANAGER have a boss like an owner or a district manager? I would go HIGHER than your manager. Your manager is a bit myopic. People in charge of the purse strings very well know what liability can cost them. Let me also dispell a myth for you. There is NO LAW that requires your employer to give you light or modified duty. Your employer IS however, VERY DUMB for returning you to "light duty" and making you work in such a way that violates your restrictions. The wc judge will have a field day with that one.

I do, however, have to agree with your attorney on one point: WHATEVER YOU DO, DO NOT GIVE THEM A REASON TO FIRE YOU. You have to be lilly white in this.
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Re: What can I do.....Pennsylvania

Post  JoeC (McGruff) on Fri Oct 10, 2008 3:47 am

I think you are getting the wrong idea of the purpose of this site. We are here to assist you in your problem by plugging you into the legal system, administrative agency, or trade union. We are not here to second guess an attorney in your state,or wet nurse you when you send a p.m, read the mission statement. P.M'ing the administrator or moderator is for the purpose of problems with the board functions, such as missing posts, or not being able to post. The reason I recommend posting on the public board is so you get a wide array of opinions.

You want to throw a juvenile temper tantrum call me an idiot on a different site after we assisted you? The site you posted on would ban you for that. The Nazi cbg would delete your post,and lock your thread. Just because I am baned from there for butting heads with the pro-employer lackeys does not mean I cant read the posts. Do you for one minute believe cbg will come over here and "take care of it" as she told you in your post? Not going to happen, she won't post where she has no control over a forum and risk being exposed as a fraud. What were you trying to prove with that juvenile stunt?

We recommended an attorney and an attorney excepted your case. There are many posters that have a difficult time getting that far. If your expecting a poster to come here and tell you your attorney is wrong your going to be disappointed we don't do that here. Maybe one of the attorneys on the board but I doubt it. Lay posters are not going to second guess attorneys on this site. McGruff will have none of it!

You want the advice such as "I know more than a lawyer even though I am not one but I am a super moderator who has 25,000 posts and no job". Well then go post on LLT. That is not how it works here. Sorry to keep these problems from arising in the future your P.M feature is disabled. That way any thing you have to say put in on the board. The P.M feature is not interned for questions that should be posted on the board.


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