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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4984
Experience:  Extensive experience representing employees and management
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I was hurt on the job and missed 5 mos. When I returned my

Resolved Question:

I was hurt on the job and missed 5 mos. When I returned my employers first move was to remove me from the "on-call" rotation, citing "safety" concerns. I have been working there 13 years. No history of injury. (My first time). My co-workers are picking up the slack, (and extra cash) from my expulsion from the 4-man monthly rotation.
They also tried to get me to sign a memo, they had collected some past events or "safety violations" I had done prior to my injury, which I did not sign.
The lost pay is $1000.00/month. My base pay is $4800.00/month. The on-call is extra on top of this. So a little over 20% income loss. They have done this to other injured workers. It has little to do with "safety" since I never got hurt on call-ins. They stated they do not feel comfortable with me there alone at night.
The injury was sustained due to poor training (harness over 6 feet) that was never performed. (i.e.) They never even showed us how to put a harness on.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

What question do you have regarding your situation?
Customer: replied 1 year ago.


Joseph Thanks for the response. Is it legal for an employer to remove me fron the on-call schedule after an on the job injury when it amounts to a 20% pay cut?

Expert:  Joseph replied 1 year ago.
No, if your employer is removing you from the on-call schedule for retaliation for filing a workers' compensation claim or due to a perceived disability that is illegal.

You woud have a case for wrongful termination in violation of public policy and you can file a complaint against your employer for discrimination due to disability in violation of the Fair Employment and Housing Act.

You can file a complaint using the instructions available online here:

http://www.dfeh.ca.gov/Complaints_eCompProc.htm


The Department of Fair Employment and Housing will investigate your complaint on your behalf and either file suit on your behalf or issue you a right to sue letter so you can pursue your claim against your employer through a private attorney.
Customer: replied 1 year ago.


I was not terminated, but removed from "on-call" or off-shift overtime for plant support after hours.The employer has cited "safety" concerns. Sounds like they think I'll get hurt again. I rate your answer quite high, It is what I suspected all along. Please let me know if "safety concerns" can negate state retaliation laws?

Expert:  Joseph replied 1 year ago.
No, unless the 'safety concerns' are due to the fact that you are unable to perform the essential functions of 'on-call' work with a reasonable accomodation they wouldn't negate the state retaliation laws, and you have a cause of action against your employer for retaliation for filing a workers' compensation claim.

Please remember to rate my answer positvely so I get credit for my work! Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 4984
Experience: Extensive experience representing employees and management
Joseph and 3 other California Employment Law Specialists are ready to help you

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