QUESTION
Friend was injured at work due negligenceHR and Supervisor complaining about job performanceHR siding with supervisor and not investigating cause
Asked on Apr 24th, 2016 on Labor and Employment - California
More details to this question:
Friend was not given the proper safety gear by her supervisor in a timely matter and has suffered personal injury HR has not looked into this matter and is ignoring doctor's note saying injury caused by worn out safety gear They're saying Friend cannot do her job according to her job description and are cutting her hours and are complaining about excessive time off needed for medical condition caused by supervisor's negligence Friend feels harassed and bullied by supervisor and HR If let go Friend believes she would not be able to find new job easily Due to injuries from sustained from this job
1 ANSWER
Discrimination Attorney serving Westlake Village, CA
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Law Offices of Stephan Math
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Regardless of who was at fault for the injury, your friend would be entitled to file a workers compensation claim given that the injury occurred within the course and scope of employment.
As far as harassment and or possible termination, it is unlawful for an employer to retaliate against an employee for having filed a workers compensation claim and/or because of a disability or medical condition regardless of how the injury occurred. If your friend is concerned that he or she may be terminated I would advise him or her to file a complaint of discrimination with the California Department of Fair Employment and Housing. If you require or would like further informatio please let me know. Stephan Math Esq, smesq1@aol.com
Answered on Apr 25th, 2016 at 9:16 AM