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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: California Employment Law
Satisfied Customers: 17453
Experience:  B.A.; M.B.A.; J.D.
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08-23-2015 I am retired from public service and receive

Customer Question

08-23-2015 Hello, I am retired from public service and receive workman's compensation disability for injuries sustained while at work. After diagnosing a meniscus tear on my knee the surgeon said I could return to work. Arthroscopic surgery was not immediately
necessary and could be scheduled for a future date. However, my employer's personnel department took exception to the orthopedic surgeon's evaluation and told me that I could not return to work. So, I was barred from returning to work even though I was 100%
ambulatory and functional. Disparate Treatment: Scores of other workers were given off of the line jobs (desk work) to do while waiting for surgery. They were not, in fact, sidelined and did not lose accrued benefits. Why was I treated differently, especially
when a doctor cleared me to return to work until an elective surgery was scheduled? Money [property] has been withheld. They treated my vacation and holiday time as if it was their own. I was penalized for having been placed on workers' compensation, and probably
paid for it with my lost benefits. After I was officially instructed not to report to work, the surgery was then protracted and delayed, dragged-out, while I had to wait for an authorization, the Workman's Compensation number. Contract Violation: All of my
accrued vacation time and holiday time was subsequently consumed, used up, by my employer [about $50 to $60k's worth] which, is a violation of Los Angeles County's M.O.U. [Contract] with S.E.I.U.. All benefits were consumed and I received zero dollars from
benefits that I was entitled to. The Probation Department explained that the gradual attrition and eventual loss of vacation and holiday time in terms of their accounting procedure or policy, that changed my 56 hour work week salary to their 40 hour work week
pay rate formula. Another Contract Violation: Since retirement payout is computed by averaging three of my highest years' earnings, the personnel department's decision to keep me out of the workplace resulted in the exclusion of several years of my highest
earnings from the standard retirement formula. These years were not factored into my current pension as they rightfully should have been. I feel discriminated against. I hope to be restored. Sincerely,xxxxxxxxx
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Phillips Esq. replied 1 year ago.
Hello Jim: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
08-23-2015 Hello, I am retired from public service and receive workman's compensation disability for injuries sustained while at work. After diagnosing a meniscus tear on my knee the surgeon said I could return to work. Arthroscopic surgery was not immediately
necessary and could be scheduled for a future date. However, my employer's personnel department took exception to the orthopedic surgeon's evaluation and told me that I could not return to work. So, I was barred from returning to work even though I was 100%
ambulatory and functional. Disparate Treatment: Scores of other workers were given off of the line jobs (desk work) to do while waiting for surgery. They were not, in fact, sidelined and did not lose accrued benefits. Why was I treated differently, especially
when a doctor cleared me to return to work until an elective surgery was scheduled? Money [property] has been withheld. They treated my vacation and holiday time as if it was their own. I was penalized for having been placed on workers' compensation, and probably
paid for it with my lost benefits. After I was officially instructed not to report to work, the surgery was then protracted and delayed, dragged-out, while I had to wait for an authorization, the Workman's Compensation number. Contract Violation: All of my
accrued vacation time and holiday time was subsequently consumed, used up, by my employer [about $50 to $60k's worth] which, is a violation of Los Angeles County's M.O.U. [Contract] with S.E.I.U.. All benefits were consumed and I received zero dollars from
benefits that I was entitled to. The Probation Department explained that the gradual attrition and eventual loss of vacation and holiday time in terms of their accounting procedure or policy, that changed my 56 hour work week salary to their 40 hour work week
pay rate formula. Another Contract Violation: Since retirement payout is computed by averaging three of my highest years' earnings, the personnel department's decision to keep me out of the workplace resulted in the exclusion of several years of my highest
earnings from the standard retirement formula. These years were not factored into my current pension as they rightfully should have been. I feel discriminated against. I hope to be restored. Sincerely, ***** *****

Response: Since you are part of a Union, you need to grieve these issues through your Union pursuant to your Collective Bargaining Agreement. You need to contact your Union Representative to start the grievance process. If your issues are not resolved, then your Union can direct you on further course of action.
Customer: replied 1 year ago.
My first sentence indicates that I am not in any union, as I am retired. Would a union help someone not in the union and not paying paying dues? Is there another avenue we can pursue as there are multiple issues here?Thank you,
James Joyce
Expert:  Phillips Esq. replied 1 year ago.
My first sentence indicates that I am not in any union, as I am retired. Would a union help someone not in the union and not paying paying dues? Is there another avenue we can pursue as there are multiple issues here?
Response: Respectfully ***** ***** can be retired and still be part of a Union. Also, you mentioned that your former employer violated the contract with SEIU, which is a Union. So, I assumed that you were a part of a Union.
You can file complaint with California Department of Industrial Relations or U.S. Department of Labor:
http://www.dir.ca.gov/contactus.html
http://www.dol.gov/whd/america2.htm#California

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