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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33166
Experience:  JD, BBA, recognized by ABA for excellence.
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Was hurt at work that required 3 sugerys. Was out for 6 months

Customer Question

Was hurt at work that required 3 sugerys. Was out for 6 months and came back light duty. Found a job posting for a job that was much easier on my body and bid it. The other edson who bid it was on a violation letter and was told he was not able to bid the job as per company policy. I was then told that I would not be offered the job on light duty. The union grieved it and the response was they are not awarding the job yet. The union in return 2nd step grieved it, at that point I was told the job is tempory pending approved and if I ate it and funding was not there I would be fired not able to go back to my former job. At this time the same job was posted and awarded to a employee and he was told that if funding was not there he could return to his current job. I said I wanted the job please put in the grievance . The outcome was the job was awarded to the employee on a violation letter and not me. Do I have a case. The doctor has releasesed me and the company knows that I have lost 30 degrees of my arm use. Please help.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Tina replied 3 years ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

You are able to perform the job fully and that was not a reason the employer refused to place you in it?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.
doctor said return to full duty no restrictions.
Expert:  Tina replied 3 years ago.
I see. Thank you for clarifying that for me, Andrew.

If the employer could not articulate a legitimate reason for choosing the worker who had a violation letter on their record over you, that would typically lead to a suspicion that you were retaliated against for filing a worker's comp claim, which is prohibited by state law.

State law provides employees who have suffered such retaliation with the ability to pursue damages against the company, including lost wages/benefits the employee incurred as a result of the retaliation.

Here is a link which summarizes NY law on this issue:

I would consult further with a local employment law attorney about pursuing legal action against the employer under these circumstances. There is at least an inference at this point that unlawful retaliation has occurred.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


Customer: replied 3 years ago.
doctor said return to work full duty no restrictions
Expert:  Tina replied 3 years ago.
Hello again, Andrew. Did you have a follow-up question for me?
Expert:  Tina replied 3 years ago.
Hello again Andrew,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.
Is there anything else I can assist you with?
If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile:
Thank you very much and all the best to you.

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