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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12554
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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I have a question about work abuse. and I have been working

Customer Question

I have a question about work abuse. My name is***** and I have been working at a technology company for 11 years and in that 11 years I have had 2 going on 3 surgeries relating to work. I have blown both my right and left shoulder rotator cuffs that required arthroscopic surgery due to lifting and moving very heavy equipment by myself. When I complain about having at least 2 people to move equipment I get no response just plain ignored. The perceived message I get is that if I don't do it then I can quit. The company cannot afford to hire another person to help out with all the equipment moves and installs. The manager fail to plan nor seem to understand the scope of what they are asking. Today I am looking at another surgery for my lower back called a posterior Lumbar decompression and fusion.This is a result of constantly moving equipment that always out weighs me. If I don't do it then no one else in the company will. I feel it because they look at me as the only labor. I work for a pure a sales company and the only folks they seem to hire is more salesmen. 11 years and 3 surgeries seems to be excessive to me plus I am a senior citizen. I really do not know what my management is thinking when the they tell me to move that and install this and when I ask who is helping me I get the silent treatment. I have looked for another job but at 60 years of age I cannot find anything suitable. Many employers look at hiring seniors as a liability due to health insurance premiums. Am I trapped here? Do I have any other recourse?
I am getting physically beat to death.
Kind Regards
Jeff Hebert
Submitted: 11 months ago.
Category: Employment Law
Expert:  Andrea, Esq. replied 11 months ago.

Good evening, and welcome to JustAnswer, I am sorry to hear of the difficult situation you are facing at work, but before I can give you a definitive Answer to your question, I need a bit more information, if you do not mind,

Q. 1. When you were initially hired 11 years ago, did your job description include lifting heavy equipment ?

Q.2. Are any other employees required to do the same heavy lifting as is required of you ?

Thank you and I look forward to your response,

ANDREA

Customer: replied 11 months ago.
Q1 first started working with this employer in October of 2005. I was hired to perform IBM configurations. However I did that for about a week. There are no job descriptions at work. So right there I felt compromised. I have been in this business for 37 years and I juts know what things need to be done so I proactively perform the tasks that need to be done. Such task included gathering up and tracking all the company owned and leased equipment. Building out a sandbox area so engineers can have an environment to work on proof of concepts and train with IBM hardware/software. The labor tasks just kept growing but personnel to help with the labor to this day has not gown at all..It is just me. Now that I am due for back surgery and have been doing more complaining I am getting a bit more cooperation from executive management.Q2 Nope I am it.. If I need help for some task I have to go find someone that is not engaged in another activity but they always have the option to say no. I have no power I and not management. Sometimes when I do find some to help I have to spend cycles some training cycles which takes up more time.
Customer: replied 11 months ago.
Sorry for the mispellings I was typing quickly
Expert:  Andrea, Esq. replied 11 months ago.

Please do not worry about any typos, my typing leaves a lot to be desired!

Thank you for your kind patience. I wish that I could tell you that you had some affirmative recourse directly against your employer, but that would not be a correct Answer. However, since your job present duties of lifting heavy equipment does not have any relation to the job description they gave you when you were initially hired, you could leave the employer and apply for unemployment compensation. However, if you are going to undergo back surgery, I would suggest that you hold off leaving and applying for unemployment compensation benefits, just yet. Stay with your present employer and have your surgery done first so that you can take advantage of any medical benefits and sick leave that your employer gives you. When you are cleared by your doctor and surgeon that you can return to work, then you can give your employer notice that you will be leaving. It would be a good idea to put your reasons for resigning in the form of a letter, and explaining that your present duties bear no relation to the job description you were given when you were first hired. This is also what you would put on your application for unemployment compensation benefits. This way, you cannot be classified as simply “quitting” which would disqualify you from receiving unemployment compensation benefits.

You have already placed a deposit with JustAnswer, so leaving a Positive Rating will NOT cost you anything additional, But it is necessary so that JustAnswer will give me credit for assisting you,

Thank you for your understanding,

Kindest Regards,

ANDREA

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