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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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My doctor put me on light duty about a month ago and I have

Customer Question

My doctor put me on light duty about a month ago and I have been working light duty no problem since then. This week we had a corporate visit so I hit 65 hours then was told at the end of my shift last day of the week not to come in next week because they would be putting in my PTO and signing me up for short term disability. I am an operational manager for a retail company and know for a fact we recieve approx 33 hours of office work a week on payroll. I also know 4 years ago another manager broke her ankle and they allowed her to sit on a stool and cash out people on the register. I strongly feel they are playing favortism since me and my boss have been butting heads since I have been having a rough year. I have been with the company approx. 7 years and last year took some time out because my mom suddenly passed away and then this year the past month she keeps commenting about 'all my problems' and how she has a business to run.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Joseph replied 3 years ago.

Hello and welcome to JustAnswer.

 

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

 

What question do you have regarding your situation?

Customer: replied 3 years ago.

is this legit on their part? I also do the schedule


and noticed prior to her telling me there was an


unknown manager entered in. I know our HR department is hooked up to my boss and her boss and know every manager that has called in a complaint has gotten 'weeded out' so I am uncomfortable contacting them.

Expert:  Joseph replied 3 years ago.

Hello Lexi,

 

Did you file a workers' compensation claim to be put on light duty or is it due to a disability that you have?

Customer: replied 3 years ago.

no i got hurt outside of work and am currently seeing a specialist next appt is may 24. i also haven't been doing light duty because they have needed me to do things due to mgmt coverage and now they have someone to replace me which is why they are doing this.

Expert:  Joseph replied 3 years ago.

Hello Lexi,

 

Unfortunately, you would only have a basis for a complaint if you believe that you are being treated differently on the basis of your disability that has caused you to need light duty.

 

Despite common belief, there is nothing illegal about your employer using favoritism in employment decisions and wanting to take your boss' side over yours.

 

I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer to your question.

 

Please let me know if you have any follow up questions.

 

If not, please remember to rate my answer positively so I get credit for my work.

 

Thanks and best of luck!