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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111549
Experience:  20+ Years of Employment Law Experience
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I am returning from a workers comp leave, My schedule is

Customer Question

I am returning from a workers comp leave, My schedule is being made after a discussion about childcare needs. The schedule is deliberately being made to be impossible to comply. Is this actionable? I have a schedule no one else in the department has ever been given.
Submitted: 2 months ago.
Category: Employment Law
Expert:  hrpro37 replied 2 months ago.

Good Morning,

Thanks for using JustAnswer. A quick question about the schedule they are giving you...Did they give you a reason why they are giving you this specific schedule? And why it is different from others in the department?

Thanks,

Amber

Customer: replied 2 months ago.
Hi Amber,
I am working as a chef in a large dinning hall and working under another chef which will share days and times but not match. In theory they are using operational need for the schedule. To have continuous coverage one would start early and one would start later. All other early(management) starters begin at 6am and end at 330pm they want to make my schedule 7am to 500pm which would prevent me from participating in my child care responsibilities. My schedule has been 6-330 in the past prior to my workmans comp disability leave. No other manager has this schedule or problem negotiating a solution. When is this retaliation going to be exposable?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR and an attorney, as your previous contributor has left.
IF they are using operational need as an excuse and pretext to punish you for taking workers compensation, this is illegal retaliation under the workers compensation laws. So, your first step is to file a complaint for retaliation with BOTH the state workers compensation commission and also the EEOC for retaliation. They have to investigate first and if they find it is a pretext for retaliation/discrimination under workers compensation they will give you a letter to allow you to sue in court. If they find against the employer, then you would need a local employment law attorney to sue the employer for this retaliation. Based on the timing and that you are the only one this is being done to, that is circumstantial evidence that this is merely a pretext for retaliation and not a valid business reason for their action.

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