How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I was hurt on the job and missed 5 mos. When I returned my

This answer was rated:

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.
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 4 years 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?

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:

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 4 years 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?

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 and other California Employment Law Specialists are ready to help you

Related California Employment Law Questions