Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I have a question about work abuse. and I have been working

Customer Question
I have a question about...
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: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 36 minutes by:
1/5/2016
Employment Lawyer: Andrea, Esq., Lawyer replied 2 years ago
Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12,554
Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
Verified

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

Ask Your Own Employment Law Question
Customer reply replied 2 years 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 reply replied 2 years ago
Sorry for the mispellings I was typing quickly
Employment Lawyer: Andrea, Esq., Lawyer replied 2 years 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

Ask Your Own Employment Law Question
Ask Andrea, Esq. Your Own Question
Andrea, Esq.
Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12,554
12,554 Satisfied Customers
Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.

Andrea, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
The US dept of Labor did an investivation of my past
The US dept of Labor did an investivation of my past employer, they found out the employer owes me a lot of back pay and said they had till the 10th to pay out. They did not pay out, now I would like … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I need to know if your a labor lawyer in NYS. I have a
I need to know if your a labor lawyer in NYS. I have a specific question regarding New York workman's compensation insurance requirements. … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
Are you an assistant for an unemployment attorney? Utah. I
Are you an assistant for an unemployment attorney? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,972 satisfied customers
I requested a hearing because the Labor Dept. is accusing me
Hi, my name is***** requested a hearing because the Labor Dept. is accusing me of collecting unemployment while I was working, which is not true. As a result they are requesting me to pay back $2,175.… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Possibly....labor law. A simple one methinks, however;
possibly....labor law. A simple one methinks, however; right-to-work state. Done a bit of research … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
Labor Law in Georgia question.A Georgia employee gives a 2
Labor Law in Georgia question.A Georgia employee gives a 2 week notice. Does not have a contract. Has worked one of the 2 weeks however, with the holiday break happening the second week of two week no… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I have a question about unemployment. But that's not the
yes. But that's not the issue. The issue is I have a complicated situation and I need to know if I can get unemployment … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need a labor law attorney. No applicable. It is a
It is a contractual relationship and not an employment relationship … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,300 satisfied customers
I was recently off and am expecting to collect unemployment.
Second opinion] Hi - I was recently laid off and am expecting to collect unemployment. There is a chance that I may be able to do some contract work with a law firm for three months. I would work a st… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
In Texas, is it acceptable for one to collect unemployment
In Texas, is it acceptable for one to collect unemployment benefits when a severance has been issued. The contents of the severance indicated that I am eligible for unemployment. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Does the Labor Management Reporting and Discloser Act cover
Hello Does the Labor Management Reporting and Discloser Act cover public employees such as NY state troopers, if it does not could you please guide me in the right direction for a cause of action I co… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
The department of labor is claiming we need to back pay
the department of labor is claiming we need to back pay employee's lost wages for time that was never reported. all hours reported by the employee's were paid. how can the employer be held accountable… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I'm looking for an employment/labor law attorney to
I'm looking for an employment/labor law attorney to represent me. 15090 zip code area … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can an employer change your job description or duties
can an employer change your job description or duties without your knowledge and then force you to follow the new job duties? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Am wondering without a written job description, can a
Am wondering without a written job description, can a Manager threaten to take you off the job you have been doing for years for being ill and not being able to do the requested other job?? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,704 satisfied customers
Requited to perfom dutirs outside my job description- approx
Requited to perfom dutirs outside my job description- approx 53% of my work year. Was paid 1.25 OY rate- another mgr wad paid 1.5OT. Have been required tp petform duties no other mgr - prevoius mgrs -… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Nj Depart. Of Labor asking for refund of Unemployment
Nj Depart. Of Labor asking for refund of Unemployment Benefits from 2015 because I resigned from my parttime job., but I was awarded Benefits because my full time employer let me go. This request for … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I got notice of a NY dept of Labor unemployment audit for 2
I got notice of a NY dept of Labor unemployment audit for 2 years. Had one in '12 due to Me not paying unemployment as an S corp owner. Let go my bookepper almost a year to the day yhis week. Been doi… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x