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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4523
Experience:  Exclusively practice labor and employment law.
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I have been a loyal employee yrs. I recently went out on

Customer Question

I have been a loyal employee for 27 yrs. I recently went out on short term disability for 8 wks prior to my return I was put on a 10lb restriction by my doctor I received a call from work stating I cannot return until I can pick up 50lbs because that is what my job description. The 10lb restriction was to be forever but I went back to doctor and had him change it to 2wks once I gave the revised doctor note to my employee I was told that because of the restriction I will now be working 10am to 7pm when I have always worked 7-330 I am a married 57yr old white female my injury was a stress fracture and a torn maniscuse in my left leg, I asked that my time not be changed that I have a family who depends on me I went back to work yesterday and was not given my regular job back instead I was put out back and had to stand all day I could of easily made this a workmens comp case like my husband asked me to do but I didn't I gave a 2week notice as I feel I am being forced out. Can they just change my hrs like that and shouldn't they have given me my regular job back. one more thing a new employee came in yesterday and my boss was training him to do my job what is going here and what are my rights Please answer as soon as you can I did work yesterday 10 to 7 Thank you in advance for listening to me and hopefully for giving me the right answers
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

The workers comp claim would have been the best and easiest form of recovery in this matter, and you sill can make such claim under the law...the issue now will be however, that you've had the lifting restriction lifted by your doctor. So even if you have it reinstated, there is still going to be a record of change. You still have a high probability of success if you can show the injury occurred as a result of work, so you would file that claim either through the employer or directly through the state now.

You also should consider filing either a workers comp retaliation and/or FMLA retaliation claims against the employer. Specifically, if they knew your injury was from work and constructively discharged you for fear of knowing that you would file a WC claim - that is illegal. And if your employer has more than 50 employees, the FMLA mandates that you be given basically your exact job back. Both of these laws were likely violated.

Expert:  John replied 1 year ago.

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