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Work won’t allow me back after being injured because of limitations on a separate issue they had no issue with previously when doing this job (2 Viewers)

DJackson10

Footballguy
Long story, fell off my bike in Sept and broke my elbow had a plate and screws put in. I’m allowed back this coming Monday Dec 4th. I work in a super market one of the top 5 chains in the US. My store manager won’t allow me back despite not having limitations on the job I’m doing currently which is produce. I had an elbow injury in the other arm with my Ulnar nerve that now prevents me from checking they’ve given me issues about before but I have a not saying I can’t check ever again and the issue has gone away as it only really hurts if I check.

My boss asks well I can check then since not limited. I told him no this is a note to return to full duty in produce which I was doing prior to breaking my elbow. Dude is an ******* says something if you’ve been out this long already let’s get the other issue fixed too. I’ve been to numerious drs who can’t figure out the issue other then it doesn’t hurt when I don’t check and it’s the reperire motion of that. My union talked to him and said I can go back if I get them a note saying I can check without limitations. I did more then what most employees would when it comes to this issue to show I was trying to fix it. I had limitations yrs ago and they basically said **** off after a awhile. 10 yrs ago my mother and I found a lawyer who just so happened to represent my union at the time. One quick phone call and it was over with so I might have to do that again.

I’ve had issues with my department manager who didn’t appreciate the fact didn’t call him when I got hurt, but did inform higher ups then him at the time about my issue saying if I don’t call him I’d get docked hrs and work ****ty shifts. I also never got any type of get well cards who phone call from store manager despite them getting a gift basket for others. Been there 20 yrs yet the kid who’s there 6 months grandma dies and they get a sorry for your loss card and a gift card and basket? Not upset I didn’t get anything more so about how I’ve been treated.

Now I have this ********? Union seems to be somewhat helping but not much. Seems like they are violating my rights and I’m off disability come Monday last check from them come thurs. so not sure what else to do.

Yes I’m looking for a new job. I’m autistic too so I have a program in my area that helps with job search and stuff. I’m high functioning but this is my first time seriously looking elsewhere. I can’t afford to quit do to health benefits either I need without securing other employment. trust me, I’d have quit in the spot Monday if I could and told them to shove it already and walked off. Then honestly emailed the company and trashed my ex boss and a lot of people there why I quit. Maybe it does me no use but maybe it helps prevent them targeting another person and they make changes

I feel like there’s other steps I should be taking here? Get he who backs company involved? Try to go over their head to a big shot, department of labor (boy they’d love to hear all the violations at my store) anonymous employee hotline?

I honestly just want to work at this point, get my full pay while searching for another job.

I have a thread of my initial injury already in here and will link it if I have time
 
It sounds like you definitely need a new start somewhere, and your manager sounds like a ****, but at the same time he's responsible for staffing the store and he needs reliability there. Whoever he has doing produce or checking now would get the shaft if you came back and what if you got injured again. Then he transfers/lays somebody off for no reason.

I think you just need to listen to the union. I dont know the regulations behind work injuries like this, so really cant tell you who's in the wrong 100%.
 
Work with your worker's compensation department and your union rep. If the disposition of your previous claim was that you have a permanent disability that prevents you from checking, then that should hold up. Make sure you still have all of that documentation. Your current release for your current claim from the bike accident should be a full release to previous duties, which, if your previous status was that you had a disability claim/settlement that prevented you from checking, should still be in place.

Again, I am not a lawyer so you will need to do your own follow up/advocating, but in my job I interact with our workers compensation and disability management departments for purposes of OSHA recordkeeping and this is how these scenarios are handled for our company.
 
It sounds like you definitely need a new start somewhere, and your manager sounds like a ****, but at the same time he's responsible for staffing the store and he needs reliability there. Whoever he has doing produce or checking now would get the shaft if you came back and what if you got injured again. Then he transfers/lays somebody off for no reason.

I think you just need to listen to the union. I dont know the regulations behind work injuries like this, so really cant tell you who's in the wrong 100%.
My issue is we got others not trained perfectly capable of cashiering as well so it feels like I’m being targeted.
 
Work with your worker's compensation department and your union rep. If the disposition of your previous claim was that you have a permanent disability that prevents you from checking, then that should hold up. Make sure you still have all of that documentation. Your current release for your current claim from the bike accident should be a full release to previous duties, which, if your previous status was that you had a disability claim/settlement that prevented you from checking, should still be in place.

Again, I am not a lawyer so you will need to do your own follow up/advocating, but in my job I interact with our workers compensation and disability management departments for purposes of OSHA recordkeeping and this is how these scenarios are handled for our company.
Yeah that’s my argument. I’m allowed to go to previous duty with the bike injury. The other is seperate and well documented over the yrs. They also have others perfectly capable of checking but don’t train them so this feels like a targeting case as well as a they don’t want to train others as well.
 
Work with your worker's compensation department and your union rep. If the disposition of your previous claim was that you have a permanent disability that prevents you from checking, then that should hold up. Make sure you still have all of that documentation. Your current release for your current claim from the bike accident should be a full release to previous duties, which, if your previous status was that you had a disability claim/settlement that prevented you from checking, should still be in place.

Again, I am not a lawyer so you will need to do your own follow up/advocating, but in my job I interact with our workers compensation and disability management departments for purposes of OSHA recordkeeping and this is how these scenarios are handled for our company.

This seems spot on to me. If I’m the employer’s lawyer and these are the sum total of the facts, I’m telling them they should be scared. Disability discrimination, perceived disability discrimination, failure to accommodate, workers comp retaliation (the first claim) are things that could be on the table here.
 
Work with your worker's compensation department and your union rep. If the disposition of your previous claim was that you have a permanent disability that prevents you from checking, then that should hold up. Make sure you still have all of that documentation. Your current release for your current claim from the bike accident should be a full release to previous duties, which, if your previous status was that you had a disability claim/settlement that prevented you from checking, should still be in place.

Again, I am not a lawyer so you will need to do your own follow up/advocating, but in my job I interact with our workers compensation and disability management departments for purposes of OSHA recordkeeping and this is how these scenarios are handled for our company.

This seems spot on to me. If I’m the employer’s lawyer and these are the sum total of the facts, I’m telling them they should be scared. Disability discrimination, perceived disability discrimination, failure to accommodate, workers comp retaliation (the first claim) are things that could be on the table here.
Yep that’s basically my case here. The only reason I didn’t say anything to my supervisor is because he acts out of line if you don’t have answers. Last year my grandma on dads side died and there was some in fighting as usually among the family about arrangements and all. I told him I didn’t have a funeral date and he acts like I inconvenienced him. When I got hurt he went to my girlfriend and asked when I was going to call him since he never got a call (despite the fact I callled people I needed), and then stuff started where he was telling people he’d dock my hours and give me bad hours. And this guy is suppose to also be my union rep in store. I can’t go to my other in store rep because him along with the other guy screwed over another coworker of mine simple because neither liked the guy. Also this other guy makes up his own hours and seems like he’s never there. It’s a total sh** show at this place. All I want to do is go back to work till I find something better.
 
Work with your worker's compensation department and your union rep. If the disposition of your previous claim was that you have a permanent disability that prevents you from checking, then that should hold up. Make sure you still have all of that documentation. Your current release for your current claim from the bike accident should be a full release to previous duties, which, if your previous status was that you had a disability claim/settlement that prevented you from checking, should still be in place.

Again, I am not a lawyer so you will need to do your own follow up/advocating, but in my job I interact with our workers compensation and disability management departments for purposes of OSHA recordkeeping and this is how these scenarios are handled for our company.

This seems spot on to me. If I’m the employer’s lawyer and these are the sum total of the facts, I’m telling them they should be scared. Disability discrimination, perceived disability discrimination, failure to accommodate, workers comp retaliation (the first claim) are things that could be on the table here.

Here’s the initial thread on the issues I had after getting hurt with them

 
DJAX - If the organization/program that you mentioned assisting you in finding a new job or a sending you to career/job fairs….. don’t do it that way. …..

1) What do you want to do? Do you want to continue doing produce or another field of work?

2) How long have you been in your union?

3) Do you have a pension?

4) If so, are you vested yet?



I and I’m sure others here would be willing to help you in anyway we can. I may still have a few connections in your field of work.
 
DJAX - If the organization/program that you mentioned assisting you in finding a new job or a sending you to career/job fairs….. don’t do it that way. …..

1) What do you want to do? Do you want to continue doing produce or another field of work?

2) How long have you been in your union?

3) Do you have a pension?

4) If so, are you vested yet?



I and I’m sure others here would be willing to help you in anyway we can. I may still have a few connections in your field of work.

1. No I also have a career link center at my old community college they partnered with this program. I went to 2 job fairs and neither one was great. Why no job fairs?

2. Almost 19 yrs this sept.

3. No I never thought I’d be there that long. I should’ve taken fulltime yrs ago when offered but was in college and trying to finish. Hindsight there should’ve taken the FT and then figured out school later

4. No for 3.

I’ve thought about certain feild interest. Sports and history. Really wanted to do archaeology but certain issues of classes I wasn’t good at. Maybe working in a museum or something if have interest in. Sports I’d do anything from putting in data to other work.

Also looked into charity and non profits that’s pay. Would love to do something to help people not as lucky as me who are on the spectrum. Preferable would love to work for the Eagles in their autism charity. I’m decent friends with Jason Kelce father in law but honestly not sure how appropriate the conversation would be as we aren’t close friends

I’d appreciate any and all help I can get at this point. I’d honestly would have transferred stores awhile ago if I had my license which I’m working on
 
DJAX - If the organization/program that you mentioned assisting you in finding a new job or a sending you to career/job fairs….. don’t do it that way. …..

1) What do you want to do? Do you want to continue doing produce or another field of work?

2) How long have you been in your union?

3) Do you have a pension?

4) If so, are you vested yet?



I and I’m sure others here would be willing to help you in anyway we can. I may still have a few connections in your field of work.

1. No I also have a career link center at my old community college they partnered with this program. I went to 2 job fairs and neither one was great. Why no job fairs?

2. Almost 19 yrs this sept.

3. No I never thought I’d be there that long. I should’ve taken fulltime yrs ago when offered but was in college and trying to finish. Hindsight there should’ve taken the FT and then figured out school later

4. No for 3.

I’ve thought about certain feild interest. Sports and history. Really wanted to do archaeology but certain issues of classes I wasn’t good at. Maybe working in a museum or something if have interest in. Sports I’d do anything from putting in data to other work.

Also looked into charity and non profits that’s pay. Would love to do something to help people not as lucky as me who are on the spectrum. Preferable would love to work for the Eagles in their autism charity. I’m decent friends with Jason Kelce father in law but honestly not sure how appropriate the conversation would be as we aren’t close friends

I’d appreciate any and all help I can get at this point. I’d honestly would have transferred stores awhile ago if I had my license which I’m working on

We’re both watching the game so let’s talk again tomorrow.
 
Are you able to correspond with your boss by email? That way you would have documentation in case he is violating your rights.

You mention not being full time. How many hours are they required to give you? You can probably find the relevant laws/regulations for PA. Now that you are medically cleared, I imagine they are required to allow you to return to your old position. Don't stress about the situation or do anything that would give them just cause for termination. Either you will be back in your old position or enjoying some of that juicy lawsuit money.
 
Are you able to correspond with your boss by email? That way you would have documentation in case he is violating your rights.

You mention not being full time. How many hours are they required to give you? You can probably find the relevant laws/regulations for PA. Now that you are medically cleared, I imagine they are required to allow you to return to your old position. Don't stress about the situation or do anything that would give them just cause for termination. Either you will be back in your old position or enjoying some of that juicy lawsuit money.
I am not i get between 25-30 hrs. Thinking of going in Tomorrow try handing it to him and say if he refuses to take it you are violating my workers rights and this is Discrimination and see what his reaction is to that
 
DJax - This doesn't seem to be a healthy environment for you. In my line of work, I see it all the time where people get "stuck" and stick out a situation just because it is familiar. This may be even more likely for someone like you who is on the autism spectrum. I see this in my 15-year-old from time to time (also on the spectrum) and my wife and I typically coach him out of it.

You mentioned the Eagles autism foundation and your connection to Jason Kelce's FIL. I would encourage you to shoot your shot there, you may be surprised. Just pick your timing and your words carefully, and be ready to explain in some detail (not too much detail) why this interests you so much. He may or may not know you are high-functioning autistic, so you could share that. Approach with humility and enthusiasm for the cause and you may be able to open some doors.
 
DJax - This doesn't seem to be a healthy environment for you. In my line of work, I see it all the time where people get "stuck" and stick out a situation just because it is familiar. This may be even more likely for someone like you who is on the autism spectrum. I see this in my 15-year-old from time to time (also on the spectrum) and my wife and I typically coach him out of it.

You mentioned the Eagles autism foundation and your connection to Jason Kelce's FIL. I would encourage you to shoot your shot there, you may be surprised. Just pick your timing and your words carefully, and be ready to explain in some detail (not too much detail) why this interests you so much. He may or may not know you are high-functioning autistic, so you could share that. Approach with humility and enthusiasm for the cause and you may be able to open some doors.
He knows I’m on the spectrum already and has invited me to the charity race and meet people but the event usually isn’t till may. I’m sure there’s other events I could go to check out though.
 
DJAX - If the organization/program that you mentioned assisting you in finding a new job or a sending you to career/job fairs….. don’t do it that way. …..

1) What do you want to do? Do you want to continue doing produce or another field of work?

2) How long have you been in your union?

3) Do you have a pension?

4) If so, are you vested yet?



I and I’m sure others here would be willing to help you in anyway we can. I may still have a few connections in your field of work.

1. No I also have a career link center at my old community college they partnered with this program. I went to 2 job fairs and neither one was great. Why no job fairs?

2. Almost 19 yrs this sept.

3. No I never thought I’d be there that long. I should’ve taken fulltime yrs ago when offered but was in college and trying to finish. Hindsight there should’ve taken the FT and then figured out school later

4. No for 3.

I’ve thought about certain feild interest. Sports and history. Really wanted to do archaeology but certain issues of classes I wasn’t good at. Maybe working in a museum or something if have interest in. Sports I’d do anything from putting in data to other work.

Also looked into charity and non profits that’s pay. Would love to do something to help people not as lucky as me who are on the spectrum. Preferable would love to work for the Eagles in their autism charity. I’m decent friends with Jason Kelce father in law but honestly not sure how appropriate the conversation would be as we aren’t close friends

I’d appreciate any and all help I can get at this point. I’d honestly would have transferred stores awhile ago if I had my license which I’m working on

We’re both watching the game so let’s talk again tomorrow.

I haven’t forgotten about you. I’m about to walk into a meeting but should have some time this afternoon.
 
DJax - This doesn't seem to be a healthy environment for you. In my line of work, I see it all the time where people get "stuck" and stick out a situation just because it is familiar. This may be even more likely for someone like you who is on the autism spectrum. I see this in my 15-year-old from time to time (also on the spectrum) and my wife and I typically coach him out of it.

You mentioned the Eagles autism foundation and your connection to Jason Kelce's FIL. I would encourage you to shoot your shot there, you may be surprised. Just pick your timing and your words carefully, and be ready to explain in some detail (not too much detail) why this interests you so much. He may or may not know you are high-functioning autistic, so you could share that. Approach with humility and enthusiasm for the cause and you may be able to open some doors.
He knows I’m on the spectrum already and has invited me to the charity race and meet people but the event usually isn’t till may. I’m sure there’s other events I could go to check out though.

I think this is a great idea slump mentioned. Let’s see if we can’t help you out with that and we can discuss other options.
 
What city do you live in DJAx? Feel free to send me a PM if you don’t want the info shown here.
I’m in Philly actually Haverford area sane as Jason Kelce.

I went back to work yesterday not doing exactly what I did but I can tell some people are a bit pissed with me especially my store manager. I got my union and my mom had choice words for them. Was put back on the schedule yesterday. Seems a bit uneasy for everyone involved. My produce manager had 2 chances to talk to me yesterday completely ignored me. He’s off rest of the week. Today I found out there was a ton of miscommunication and people I had to let know mentioned one thing to me then told him something completely different. Seems I was made a pawn in their little games of hating each other
 
FF
What city do you live in DJAx? Feel free to send me a PM if you don’t want the info shown here.
I’m in Philly actually Haverford area sane as Jason Kelce.

I went back to work yesterday not doing exactly what I did but I can tell some people are a bit pissed with me especially my store manager. I got my union and my mom had choice words for them. Was put back on the schedule yesterday. Seems a bit uneasy for everyone involved. My produce manager had 2 chances to talk to me yesterday completely ignored me. He’s off rest of the week. Today I found out there was a ton of miscommunication and people I had to let know mentioned one thing to me then told him something completely different. Seems I was made a pawn in their little games of hating each other

You’re there to make money, not friends. Remember that. Don’t let the actions of others impact you- that’s their deal.
 
FF
What city do you live in DJAx? Feel free to send me a PM if you don’t want the info shown here.
I’m in Philly actually Haverford area sane as Jason Kelce.

I went back to work yesterday not doing exactly what I did but I can tell some people are a bit pissed with me especially my store manager. I got my union and my mom had choice words for them. Was put back on the schedule yesterday. Seems a bit uneasy for everyone involved. My produce manager had 2 chances to talk to me yesterday completely ignored me. He’s off rest of the week. Today I found out there was a ton of miscommunication and people I had to let know mentioned one thing to me then told him something completely different. Seems I was made a pawn in their little games of hating each other

You’re there to make money, not friends. Remember that. Don’t let the actions of others impact you- that’s their deal.
I agree I’m just going up to him after he comes back and be the bigger person say there was miscommunication and I think everyone of us could’ve handled it better. I got a straight answer from one of my coworkers in produce. Did bad mouth anyone other then tell them what I was told and told those people. We both agreed most of the other people were acting like children. I got more people on my side then they think and honestly being outside again less time for people to really bother me. I’m getting out at a decent time again and that’s all that matters.

I also received some usual info I can use later if needed against my store manager about letting someone else work with restrictions while I was out but gave me a hard time for having them. So that was helpful. I had a very productive day at work and a nice older lady tipped me $20 as she just had a big order I helped bagged and put in her car. She recently broke arm.
 
Work with your worker's compensation department and your union rep. If the disposition of your previous claim was that you have a permanent disability that prevents you from checking, then that should hold up. Make sure you still have all of that documentation. Your current release for your current claim from the bike accident should be a full release to previous duties, which, if your previous status was that you had a disability claim/settlement that prevented you from checking, should still be in place.

Again, I am not a lawyer so you will need to do your own follow up/advocating, but in my job I interact with our workers compensation and disability management departments for purposes of OSHA recordkeeping and this is how these scenarios are handled for our company.

This seems spot on to me. If I’m the employer’s lawyer and these are the sum total of the facts, I’m telling them they should be scared. Disability discrimination, perceived disability discrimination, failure to accommodate, workers comp retaliation (the first claim) are things that could be on the table here.
Yep that’s basically my case here. The only reason I didn’t say anything to my supervisor is because he acts out of line if you don’t have answers. Last year my grandma on dads side died and there was some in fighting as usually among the family about arrangements and all. I told him I didn’t have a funeral date and he acts like I inconvenienced him. When I got hurt he went to my girlfriend and asked when I was going to call him since he never got a call (despite the fact I callled people I needed), and then stuff started where he was telling people he’d dock my hours and give me bad hours. And this guy is suppose to also be my union rep in store. I can’t go to my other in store rep because him along with the other guy screwed over another coworker of mine simple because neither liked the guy. Also this other guy makes up his own hours and seems like he’s never there. It’s a total sh** show at this place. All I want to do is go back to work till I find something better.

You're unionized, the union should handle this.
 
Work with your worker's compensation department and your union rep. If the disposition of your previous claim was that you have a permanent disability that prevents you from checking, then that should hold up. Make sure you still have all of that documentation. Your current release for your current claim from the bike accident should be a full release to previous duties, which, if your previous status was that you had a disability claim/settlement that prevented you from checking, should still be in place.

Again, I am not a lawyer so you will need to do your own follow up/advocating, but in my job I interact with our workers compensation and disability management departments for purposes of OSHA recordkeeping and this is how these scenarios are handled for our company.

This seems spot on to me. If I’m the employer’s lawyer and these are the sum total of the facts, I’m telling them they should be scared. Disability discrimination, perceived disability discrimination, failure to accommodate, workers comp retaliation (the first claim) are things that could be on the table here.
Yep that’s basically my case here. The only reason I didn’t say anything to my supervisor is because he acts out of line if you don’t have answers. Last year my grandma on dads side died and there was some in fighting as usually among the family about arrangements and all. I told him I didn’t have a funeral date and he acts like I inconvenienced him. When I got hurt he went to my girlfriend and asked when I was going to call him since he never got a call (despite the fact I callled people I needed), and then stuff started where he was telling people he’d dock my hours and give me bad hours. And this guy is suppose to also be my union rep in store. I can’t go to my other in store rep because him along with the other guy screwed over another coworker of mine simple because neither liked the guy. Also this other guy makes up his own hours and seems like he’s never there. It’s a total sh** show at this place. All I want to do is go back to work till I find something better.

You're unionized, the union should handle this.
Yeah they did after my mom threatened a lawyer and had choice words. Now finding out the hours thing yes they are cut but new person is BS. My produce manager just likes the newer person better and giving them my hours over there. He seems to also be targeting my GF with ******** hrs. I’m going to talk to my union rep soon again.

I also got told on Wednesday to not cause drama and my store manager essentially said any issues in produce involving myself and my manager or issues in general he was not going to get involved in. My union rep came in on Wednesday for something else so we talked in person and I gave him that info. So I told him what I told steady about bigger person and if there’s a problem don’t be shocked if a phone call.

I then got more info from someone today not at work from a text and then call. That info I haven’t run through yet as legit or not. I feel like an investigated right now trying to figure out where things stand.

Most of the info though since being back I gathered was given to me freely without people realizing it. I just smiled said it’s good to be back and the whole bs routine.

Got my schedule for next week. They cut hours across the store. Just happy to have the weekend off for my gfs birthday the next weekend.
 
I got off most of the weekend back today. I got all late closing shifts in produce while there a less senior person working all days. They also didn’t give me off this Saturday for my Christmas event with family. I had asked my bookkeeper who does schedule with my front end manager who I give notes too thinking I work 2-3 days in produce rest up front. She said give notes to her and FE manager.

I confronted my FE manager when I went Friday to get my schedule he said he thought I said I could work that day. I told him I could but said it was only till noon figuring they’d keep me up front. He told me to talk to my produce manager which never goes over well. My produce manager also didn’t give my Girlfriend off for Saturday and she’s suppose to come with us. She’s going to just call out. I’m going up to work today and saying something to my bookkeeper today and telling her since she told me that they need to fix it.

I might just let the late hours slide this week check my schedule Thursday and if I’m working late again filing a grievance since word came down to me he’d give me cad he’s if I never called him.

My produce manager f an insulting talk with me Tuesday about needing to be more productive and I was getting on his nerves before I went out. It was just him pushing his weight around and then he went after me later when a customer was asking where I was and all. I was continuing to work as I talked. Meanwhile the cold head in our department stops fully and talks to people for 15-20 mins and he might say something to him but he rudely interrupted me and a customer. Even the customer gave him a WTF look. I’m also more productive then this kid who works at night and conviently calls out at the worst times possible like when a big shot is coming in, during goldfish season etc. My manager gets pissy at me taking off a Saturday or Sunday once in awhile while this kid is taking full weekends off which seems like every other week. So please explain how the Coke head and this kid are more productive?
 

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