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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 33912
Experience:  Employment Law Expert
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I work in Texas, was hurt by falling into an elevator that

Customer Question

I work in Texas, was hurt by falling into an elevator that did not level at floor. Hospital non- workers compensation. I have done 10 months of therapy, and was released 2 weeks ago (June 2, 2016). 1 week later (June 9, 16) I get written up for something that occurred 4.5 months ago. (Dr staff cursed me because I need paper work on a patient and that staff said we always lose *hit, I repeated Ma'am I am just the messenger, several several times, heard by witnesses. The Dr says he and his staff or customers, without his surgery's our hospital wouldn't be in business. Written up for not be curtious to our customers. Will be on my record for 6 months.
My question: It would appear that my employer waited until after I was released from my injury to write me up. As they had plenty of opportunity to write me up, in fact more than 4 months. They said well it is because your sister in law pass away, then 4 days later your mother in law pass away, then month later your GM pass away. The truth is those people who passed away was in late April, and May. I worked during March and April, and again in May. Not to mention I was assaulted and left injured and was hospitalized in early Feb 2016, 2 weeks before this call with dr office occurred. I NEVER told my employer, nor did it interfere with my job, as I did not miss work. I kept that to myself.
Is there a Texas Law that states you can not discipline someone who was injured at work until they are released or any other Law? PS I am over 40 if that too mattersPlease assist. I also have never received any compensation for lose wages, and could not work to my full capacity.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

No, there is no law in Texas that says "you can not discipline someone who was injured at work until they are released" or anything like that. There is a persistent urban myth about that but it is just a myth.

This can be used as evidence tat you are being discriminated against because you filed a claim but the Texas Supreme Court started narrowing down that ability some years ago. You may want to visit with a local lawyer that does Employment Law, you can find one at, but that would be to see if you can file a lawsuit against them for discriminating.

Customer: replied 1 year ago.
Thank you.
Expert:  Dwayne B. replied 1 year ago.

You're very welcome.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.