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Question

I had a rotator cuff injury about 2 years ago. I was seen by ortho specialist about 1 year ago. No surgery, I think due to my age. I was told by my employer that if i didn't get released to go back to work. i would lose my job. I asked my doctor to release me.rr My shoulder started to hurt about a month ago. Don't know if it is a new injury or arthritis.Since it has been over 2 years my requjest to see doctor was denied and i was told to submit a new claim. I am 66, a nurse and need to work 3 more years. I am single and draw social security. I was a Clinical Manager and was demoted Nov.1,2009. Oveta

Submitted: 15 days and 12 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: Kentucky

Already Tried:
Talked with workers comp

Posted by Justice4U 15 days and 12 hours ago.

Info Request

Did you submit a new claim?

 

Thank you

15 days and 12 hours ago.

Reply

no I haven't . I only found out that I must submit a new one today.

Posted by Justice4U 15 days and 11 hours ago.

Info Request

Why were you demoted?

 

Thank you

15 days and 11 hours ago.

Reply

They said it was due to budget cuts and not due to anything I had done. They tried this once before but I threatened to sue. I am the only Clinical Manager even though the other hospitals that they own have them. We had three but the other 2 stepped down for various reasons. My hourly rate was decreased by $2.41 even though I received less when I got the promotion.

Accepted Answer

You may have an avenue to pursue this matter. The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals 40 and over from workplace discrimination. Additionally, you may have a valid complaint based on retaliation for your workplace injury reporting. In either of these situations, you will need the assistance of an attorney to file suit. As to the ADEA issue, if you feel you were discriminated against due to your age in the demotion, you may file an EEOC complaint by following the directions at: http://www.eeoc.gov/charge/overview_charge_filing.html

 


Thank you




Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only.

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Expert: Justice4U
Pos. Feedback: 97.5 %
Accepts: 
Answered: 11/5/2009

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Real Estate, Landlord and Tenant, Family Law, Consumer Rights, Nursing Home, Business Law

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