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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116306
Experience:  20+ Years of Employment Law Experience
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I work for Rob Sag inc., and I have questions I would like

Customer Question

I work for Rob Sag inc., and I have questions I would like answered.
1. I was injured on the job. While I was injured on the job, the doctor limited to 15 pound. My supervisor did not comply, I did full duty and lifted more than 15 pounds. Is that legal. What do you do when your supervisor does not comply. I was cleared and returned to work. I texted my supervisor when it occurred. In those texts I told my supervisor like wanted people written up, because apparently no one saw my accident. Approximately 3 days latter I filled out the accident report. The owner Ms. Hamilton did not call the people involved. Thy were never written up. I Was immediately transfered, because I created "Chaos" Before I was. Transfered I received a ticket.
2. There are some people who come in and sit and do there homework, and the supervisor does not write them up. There is preferential treatment in this company. Those of us who work, are treated badly. Those who do not work get preferential tratment. What can Jane Doe regarding this issue. If the owner did absolutely nothing when I was injured, then who can a person complain to.
3. There is not enough employees. Can a company be selective when hiring employees. To work at Rob Sag Inc., someone has to recommend you, and it still takes 3 months to be approved. Is that legal. What does the law say regarding hiring policy.
4.
On7/11/2016. Went to the city to fight it, but was denied. I paid the ticket. The letter next check I went to pickup my check at the previous site, I noticed that employees had parked in the drive way. When I received the ticket my supervisor didn't allow me to park in the driveway. Once again there is preferential treatment. Who do you complain to, when the owner does absolutely nothing to prevent these problems.
5. I was transfered once again. Approximately a week ago, I was called to translate. Apparently one employees slept or dated another employee at a different site. Yesterday I worked 2 hours at my current site and I was transferred to another site. I was transfered because of what I previously stated. Personal issues regarding someone else has absolutely nothing to do with me. Legally can a company transfer me, because of someone else's personal problems.
6. Legally at what time does an employer give out pay check. Today I went to get my check. I went to my previous site and was told to go to the new site. I went to the new site and the payroll person told me that the checks would not be released until 4:30 PM. Can an employer hold an employee check until when ever the company wants.
I would greatly appreciate if you can answer all my questions. Thank you for your time.
Submitted: 8 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 8 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.
1) There is no law mandating an employer provide an employee with limited or light duty, that is discretionary to the employer. If an employee is out workers compensation, it is up to the employer to allow light duty and if the employee exceeds their medical restrictions even because the employer requested them to do so, that is on the employee. If the employer asks an employee to do something that exceeds their restrictions, the employee is supposed to remind the employer that they are unable to perform that task due to restrictions and the employer has the choice to send the employee home and put them back on workers compensation or honor the restriction.
As far as the accident, I do not understand that part and it seems your question on that cut off, so you can use REPLY and explain that part.
2) The only thing the owner has to do when you are injured is provide you workers compensation payments, meaning paying your medical bills and your pay if you are temporarily totally disabled at the reduced rate. As far as how they treat others differently, if you can prove you are being treated differently ONLY because of your age/race/sex/disability/national origin, then you need to file a discrimination claim with the Department of Fair Employment and Housing or the EEOC and they have to investigate to give you a right to sue letter.
3) An at will employer can hire or fire whomever they choose for no reason or for any reason at all that is not based solely on the age/race/sex/disability/national origin and there is no recourse. There is no law on the books that requires any company to have minimum staffing levels.
4) Again on the preferential treatment, that would be illegal ONLY if they are doing it to you based only on your age/race/sex/disability/national origin. If you can prove that they are doing it for only one of those reasons again you would file a discrimination complaint with the EEOC.
5) The employer can transfer you for any reason or no reason at all, as I said above, you have no recourse over that I am afraid.
6) CA has no law saying a specific time of the day your check has to be made available. The employer has to merely have a set regular payday and must make payment to employees before close of business on that pay day.
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