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  1. #1
    Join Date
    Apr 2006
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    nevada
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    Default Employer retaliation / discrimination

    Last summer I had a "slip and fall" at work, split my head open, suffered a concussion, and post-concussive syndrome. I also had to have speech therapy for 4 months due to cognitive dysfunction and since the injury, I have sufferred from severe migraines. In spite of all the work missed for treatment, I maintained full duties at work (my boss actually increased my duties during the the time that I was having the most treatment) and kept an "exceeds standards" work performance rating-even though I still struggle with the headache pain and it takes a lot more effort to do the same level of work that was once easy for me. My question is this: since the injury, I have been turned down for 8 promotional opportunities that I was well -qualified for, with no good explanation-is this retaliation or discrimination? I have an attorney, and was recently rated permanent partial 3% by the work comp Dr. Is this something that can considered in the inevitable lawsuit?

  2. #2
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    Default Re: Employer retaliation / discrimination

    When you say "well qualified" do you mean without consideration of your disabilities resulting from the injury?

  3. #3
    Join Date
    Apr 2006
    Location
    nevada
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    Default Re: Employer retaliation / discrimination

    Qualified before AND after the injury, according to experience and performance on the job both prior to and since the injury.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: Employer retaliation / discrimination

    Then it may be discrimination, or it may be something else. Has your boss ever given you an explanation?

  5. #5
    Join Date
    Apr 2006
    Location
    nevada
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    Default Re: Employer retaliation / discrimination

    No explanation, they don't have to tell you why you weren't chosen. I work for a state agency, and any other department that I apply to has access to my leave balances, and can easily see that they are low. But of course, they can also easily find out "off the record" that I have a claim. I recently applied for a different job with a different company, and one of the people that will make the hiring decision will tell me if she is told that I have a work comp claim. If she is told that, then do I need to follow up with an attorney other than the one I have for my work comp claim?

  6. #6
    Join Date
    Sep 2005
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    Default Re: Employer retaliation / discrimination

    Try discussing your situation with your comp lawyer and see what he says, or if he thinks you should consult with an employment lawyer.

  7. #7
    Join Date
    Apr 2006
    Location
    nevada
    Posts
    4

    Default Re: Employer retaliation / discrimination

    Thank you for your help, my work comp attorney did say that he thought I had a good case for discrimination, so now I am looking for an employment attorney. The work comp case is now settled, but I have lifetime re-opening, and lifetime medication coverage. By the way, in an earlier post, I mentioned applying for a position with a non-state agency that my friend works for; to follow up on that, I was offered and accepted that position. Naturally, once I gave to notice to my current employer, the abuse has stepped up quite a bit.

    Again, I thank you, and if you know where I might find an employment attorney in Northern Nevada, I would certainly appreciate it.

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