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TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4071
Experience:  Contracts, Wrongful termination and discrimination
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I started a new job after being laid off. I had to go through

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I started a new job after being laid off. I had to go through a temp service to get the job. The Rep offered me a job as a clerk on the dock which was a standing job I told her I was unable to do that. I was hired as a receiving clerk which was a desk job, after I was hired the GM changed the position to a standing dock position, it wasn't till my second week that I found that out because I had been in training which was at a desk or chair. When I found this out I went right to the super and explain that I would not be able to do this because of a bad disc in my back. He told me he would talk to his boss and Rep. I was requested to bring a DR. slip which I did and I did the paper work I was requested to do for reasonable work conditions. The next week on Thur. I started my shift I needed the job and wanted the job badly so I was going to try to do my best they told me they would take care of it. Well I went in still no where to sit within the hour I was hurting I didn't want to walk out so I kept going. At one point I went and sat at a desk (5 desk only 1 person at them) I was told I couldn't be at the desk, I went back to the dock. By the end of shift I was in a lot of pain. The next morning I could barely walk I had to call off I told the Rep. I would call Monday to see if things were resolved. On Monday she told me No things were not resolved so I was unable to go to work on Mon. Tues I was called and told I needed to go take a drug test, ok no problem now they put me in therapy which is not going to fix my disk. So now the temp service removed me from the job so I have no job and all because the GM didn't want to move me to a open position that I was able to do sitting at a desk. Am I able to file suit against this Company for personal injury and work loss?
Submitted: 1 year ago.
Category: Employment Law
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question and I'm very sorry to hear about your problems and your bad back! I know from handling cases with clients with these type of injuries that they are very painful and hard to deal with. I also understand that it's hard for people to comprehend how bad the pain can be because they don't see a visible injury.

That being said, you cannot file a lawsuit against the company for personal injury. What you can do is file a workers compensation claim against the company for the aggravation of an injury. In order to file a workers compensation claim, you need to contact the Mississippi Workers Compensation Commission at: http://www.mwcc.state.ms.us/

You may also file an ADA claim against the company for failing to provide you with a reasonable accommodation for your disability (back injuries are recognized as such). In order to file a claim for this (which can result in back pay and reinstatement in a position with the accommodation) you need to contact the local EEOC branch and schedule an appointment to come in and fill out the claim paper work. You can contact the EEOC at: http://www.eeoc.gov/field/jackson/

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.

I don't want to go back there cause I'm afraid of how they'll treat me cause if they didn't want to give me a different job before all this happened there not going to want me there now.

Expert:  TexLaw replied 1 year ago.
I understand your trepidation.

The law prohibits retaliation based on filing claims like I am suggesting. If the EEOC orders them to reinstate you in the position, then it would be illegal for them to treat you poorly because of this order.

That being said, the law does not take into account whether you want to return to work or not. It provides you with the remedy of the right to return to work, but not with cash compensation in lieu of that.
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4071
Experience: Contracts, Wrongful termination and discrimination
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