Workplace Discrimination: Hours Cut Due to Injury
I am a Union Carpenter in California and was recently involved in a work related accident. The laceration was to my right index finger and at the time did not think of it as serious nor to my employer since he did not comply to the Doctor’s restrictions to the modified work. One week later, It is confirmed that I need surgery to fix my tendon. I get it done and go back to work the next day, but now, a lot more cautious and careful on not using my hand. My foreman did not take in to consideration my condition and in no way modified my work load, telling me there was no light duty in construction. I could have argued with him and spoke my mind, but seeing the economy and the scarcest of jobs, I decided to keep my mouth shut. I tried the best I could not to be a burden with my good hand, but I guess it was not good enough.
For the past two weeks, my boss has been giving me two days of work out of the usual five, that now experiencing difficulty in paying off my expenses.
Now, I find out that everyone in my crew worked the full week except me.
Can I sue my employer for discrimination? and if so, with what agency. ( I went to the union with my problem and said it would be hard to win since I am under work restrictions, and they can easily say they did not have work specifically for me)
Answer: Go to your union rep and complain. Did you file a workers’ comp claim? If so, that would have placed you in a protected class and you should not have been fired because of it. You had surgery and went back to work the next day? Dude, go to your union.
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One Response to Workplace Discrimination: Hours Cut Due to Injury
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No – it’s not discrimination – but you your Union should be able to help you. Talk to your steward. Maybe you need to be on short term disability until your finger heals.