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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19778
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I am so confused that I 't even know what to ask. No, I just

Customer Question

I am so confused that I don't even know what to ask.
JA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No, I just know I need to get some answers so that I'll know what direction to take.
JA: OK. The Employment Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: I have fallen 7 time at work over a 4-5 year period. I have fallen 2 times this year alone - all on ice at work.
JA: OK. To minimize me, please click the down arrow at the top right corner of this box. OK. To minimize me, please click the down arrow at the top right corner of this box. Please tell me your email address, in case we get disconnected.
Customer:***@******.*** oops net
JA: Thanks. Are you ready to speak with the Employment Lawyer now?
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 9 months ago.

Hello,

Thank you for your post, however, I am unclear on what your legal issue is. Can you please clarify what your legal question is and provide enough background information so that I will know the circumstances. Also, I need to know what State you work in.

Customer: replied 9 months ago.
I have fallen at work 7 times over a period of 4-5 years. This year I have fallen twice. I have gone to the workman's comp doctor and they refuse to put me on a leave of absence. I am currently taking my own FMLA. I am a teacher and getting up and down and walking around is so very hard. Working is what is not allowing me to heal. I have more....
Customer: replied 9 months ago.
In addition our school had to downsize teachers. I was interviewed as part of the process. I am 53 and Hispanic. I interviewed against - 2 white males (in their 40s) and 2 white females (in their late 20s). I was the one downsized!
Expert:  Marsha411JD replied 9 months ago.

Thank you for your post, however, I still need to know what your legal question is and what State you work in.

Customer: replied 9 months ago.
I live in Denver Colorado.
Expert:  Marsha411JD replied 9 months ago.

Alright, well again, I need to know what you legal question is.

Customer: replied 9 months ago.
My boss is harrassing me. I don't want to go to work, but they are bullying me to come back. I want to know if I have a case.
Customer: replied 9 months ago.
Both from a workman's comp and EEOC stand?
Expert:  Marsha411JD replied 9 months ago.

Thank you for your reply. In terms of the WC issue, I can't second guess the WC doctor's conclusion, but if you believe they are incorrect in their evaluation of your situation, then you can request an IME (Independent Medical Exam). If you need assistance with your case and appealing any decision of the WC carrier, you should consult with a local WC attorney who can obtain your medical records and help you pursue your claim in WC court if it is necessary. But, just to be clear, you have to use the WC system, either with or without your own attorney, since that is the exclusive remedy for on the job accidents. No right to file suit for personal injury under the law, only WC process. You can read more about the WC process in Colorado and your rights by going to the following link: https://www.colorado.gov/pacific/cdle/dwc

As for any complaint to the EEOC, I am unclear on what the legal issue is that would give rise to a discrimination complaint. If you are saying that you were terminated (you say you were downsized) because of your race or national origin, then if you have exhausted your remedies with the employer (filed a discrimination complaint with your HR or EO department and it was not resolved), then you can file a complaint with the EEOC. But, you must take that first step before your claim is "ripe" to file with the EEOC. Also, the age discrimination complaint would be difficult since the men were over 40 years of age, which is the age that the legal protections against discrimination kick in. In other words, if the employer hires workers over 40, then there would be no substantiated evidence of age discrimination.

Please feel free to ask specific follow up questions if you have them. I would be glad to attempt to assist you further if I can. If there are none, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 9 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 24th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.