QUESTION
Do I have a legit EEOC Claim?
Asked on Jan 24th, 2018 on Labor and Employment - North Carolina
More details to this question:
I was placed on modified duty by workers comp (wc) doctors. I went from driver to teller. Once released from wc doctors I remained in the position as a teller. As a driver you are to pass qualifying. I didn't pass in July 2017 and was informed by management it would cost too much for me to attempt again. From previous history I've seen and witnessed others fail and get two attempts. On Jan. 5, 2018 management presented me with paper work to request change of position and pay. After speaking with my supervisor he informed me the change was not to take place until after I accepted the teller position. On Jan. 24, 2018 I spoke with a worker for Columbia and Raleigh and was informed that they are allowed to get two chances to pass qualify. Management informed me that I was suppose to be terminated after not qualifying the first time. Needless to say I do have a workers comp case against the company. And I feel this is their way of harassing me.
1 ANSWER
4 Awards
The EEOC enfoces federal law which prohibits discrimination (or harassment) on the basis of race, color, sex, national origin, religion, disability or age 40 or older. You do not mention any of these "protected classes" in your facts. Did you mean that you are disabled after the on-the-job ingury and are being harassed due to your disability? If so, that is possible, but I do not see near enough in these facts although there could be more facts that change the analysis.
I want to let you know that harassment for file a worker compensation claim in not unlawful. However, retaliation that leads to job loss for filing for workers compensation is unlawful.
Answered on Jan 26th, 2018 at 3:03 AM