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  1. #1
    Join Date
    Oct 2012
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    7

    Default Is it Discrimination For My Supervisor to Post My Job

    My question involves labor and employment law for the state of: Tennessee I work for a major grocery store chain in west Tennessee . Late last month I had a scheduled vacation and I was paid for it. Upon my return to work I was noticed that my manager had posted my job. She said that she hadn't heard for me and posted my job which is not true. I've had issues with her since day one and I feel as if I am being discriminated against. I was injured in may and I am still on light restrictions which makes it hard to just get another job. I don't feel as if the company is trying to help In the matter.

  2. #2
    Join Date
    Jul 2012
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    479

    Default Re: What Are My Options

    Your (subject line) question is awfully broad. If you have filed a workers' comp action (you don't say you were hurt on the job, but perhaps so) and you have been treated differently since then, you're free to discuss with your/a local w/c attorney.

    Otherwise, you're not being clear on what unlawful discrimination you believe is occurring. I presume there's paperwork to document the vacation, so it's kinda weird if she actually posted your job except for a temporary dig. I presume you've discussed with HR how she's (I guess?) treated you differently since being hurt? (If that's not it and I misinterpreted your post, and you were simply pointing out that you'd look for a new job if you weren't on light restrictions, please clarify.)

  3. #3
    Join Date
    Oct 2012
    Posts
    7

    Default Re: What Are My Options

    My apologies it's so many things at this point. But to clarify I was treated differently the moment I was injured . Workers comp has done everything they were suppose to I presume when it comes to doctors bills etc. however when I was removed from my job they decided to take me off light restrictions as if I'm healed and I'm not but they know I'm no longer working for the company. I honestly have several issues I'm just not sure which direction I need to go in.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
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    17,019

    Default Re: Is it Discrimination For My Supervisor to Post My Job

    Your answers appear to vague to determine exactly what the timeline and events are to comment.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: What Are My Options

    WHO decided to take you off light restrictions? Your doctors? Your employer?

  6. #6
    Join Date
    Oct 2012
    Posts
    7

    Default Re: What Are My Options

    It was doctors choice with out evaluating me and after me telling him I'm still in severe pain...

  7. #7
    Join Date
    Jul 2012
    Posts
    479

    Default Re: What Are My Options

    If you're talking about a doctor that works for the w/c insurer or the employer, naturally you need to view that objectively. If you do not have a w/c attorney, you need to consult one.

  8. #8
    Join Date
    Sep 2005
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    Default Re: What Are My Options

    Quote Quoting Holmes933
    View Post
    Upon my return to work I was noticed that my manager had posted my job. She said that she hadn't heard for me and posted my job which is not true.
    That's not, of itself, discrimination. There are a lot of circumstances in which an employer might proactively start looking for a new employee if they're concerned that a current employee might quit or might decide not to return to work after a vacation.
    Quote Quoting Holmes933
    I've had issues with her since day one....
    Day one as in from the day you started to work for this person? Day one as in the date this person replaced your prior manager? How long ago was "day one"? How long ago was your work injury? What were the issues?
    Quote Quoting Holmes933
    ...and I feel as if I am being discriminated against.
    What do you believe that this person is doing that is discriminatory?
    Quote Quoting Holmes933
    I was injured in may and I am still on light restrictions which makes it hard to just get another job.
    Quote Quoting Holmes933
    they decided to take me off light restrictions as if I'm healed....
    Quote Quoting Holmes933
    It was doctors choice with out evaluating me and after me telling him I'm still in severe pain...
    If the doctor who placed you on light restrictions has declared that you are fit to return to work without restrictions, then it is not accurate to say that you are "still on light restrictions". You may have an argument that your restrictions should have been continued, but you have told us that they were not and that you've been declared capable of working without restriction. Unless and until they receive something that suggests that restrictions are again necessary, your employer can go along with your doctor's clearance.
    Quote Quoting Holmes933
    I don't feel as if the company is trying to help In the matter.
    You don't think that they are trying to help with what?
    Quote Quoting Holmes933
    View Post
    But to clarify I was treated differently the moment I was injured.
    Please elaborate. How were you treated differently?
    Quote Quoting Holmes933
    Workers comp has done everything they were suppose to I presume when it comes to doctors bills etc. however when I was removed from my job they decided to take me off light restrictions as if I'm healed and I'm not but they know I'm no longer working for the company.
    It was my impression to this point that you are employed by this company, but that they posted your job because they thought you weren't going to return after your holiday. Did you resign? Please explain.
    Quote Quoting Foster_Foster
    View Post
    If you're talking about a doctor that works for the w/c insurer or the employer, naturally you need to view that objectively. If you do not have a w/c attorney, you need to consult one.
    Consulting a worker's comp lawyer about any continuing worker's comp claim, revisiting job restrictions, and the like wouldn't hurt. Some worker's compensation lawyers will be able to assist with retaliation claims; many others would refer the employee to a plaintiff-side employment lawyer. If the primary issue is "How do I get my work restrictions restored," I would start with a worker's comp lawyer. If the primary issue is, "My employer is discriminating against me because I filed a worker's comp claim," I would start with a plaintiff-side employment lawyer.

  9. #9

    Default Re: What Are My Options

    I just read your post and I wanted to repy by saying that as a person who works in a large firm, I have supervisors and their job is to document when an employee will be on vacation. They do this in the computer as well as having our department staff people fill out the vacation request forms so that senior staff get their vacations first and junior staff take the vacation slots that are left. This process keeps down the very confusion that you are experiencing. I am not sure what the mix up was at your department, but if you have documentation that you were given a vacation by your supervisor, you might have a case.

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: What Are My Options

    Not a case for discrimination, no. What kind of case are you thinking of?

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