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-   -   lawyer type question about working (https://www.neurotalk.org/the-stumble-inn/171646-lawyer-type-question.html)

doydie 06-15-2012 11:22 PM

lawyer type question about working
 
My daughter has a very labor intensive job. She works at Cyntas and works hard. She recently found out she has a bulging disk in her neck and has an order from her doctor for light working until it can heal. Cyntas says if she takes a lower job she would have to take the pay cut with it. I can kind of see their view point on this but I am a Mom and my daughter is wanting some legal advice to see if she can sue. I am not asking legal advice here. But has anyone had any similar experience like this. My other daughter says that if she sues an employer that it will look bad on any future applications.

Jomar 06-16-2012 12:11 AM

Is the bulging possibly due to her work duties??
Or did something happen away from work to cause it? Hobbies, sports car accident?

If it might be due to work activities she should possible consider filing a work comp claim, or at least get some free consults from a few work comp attys.

If you're positive it is not work related -
She probably should talk with the HR dept if Cyntas has one, to be sure of her options.

I suppose the company has that option to cut pay especially if there is no date of regular duties.

doydie 06-16-2012 03:06 PM

I don't think it is work related. She has had a bulging lumbar disc also

Jomar 06-16-2012 03:35 PM

I wasn't sure what "very labor intensive job" meant.

If it is a physically active job then it could be aggravating the existing problems, but it also could have happened on the job , unless she had the disk issues long before she got that job?

If it is a larger size company they should have info on the website or the HR dept to help her if it is a non work related injury.

But if there's a chance it might be work related or maybe even aggravating a pre existing condition?? It might be good to check with a few wc attys just to cover that base.

Most companies have policies that cover illness ro some amount of disability or modified work and wages rules. She has to find out about that stuff before thinking about a lawsuit right away..

Often a lot depends on how long she may have worked there and if she has good standing w/ company..

Many more details would be needed I think to give a better reply as far as a lawsuit or ??

How long has she had the disk issues?
what's her age?
how long at the company?
does the company know she has these disk issues?
sometimes they do try to squeeze out workers w/ ongoing health issues esp if they are getting older...
How large is the business?

these are just a few of the things I can think of...but you may not want to post about those...since the company name is already posted, it could be searched if a case of some kind came up.

doydie 06-18-2012 11:22 PM

Well HR told her today that she has to go on short term disability. She has never filed any kind of report of any injury to prove that her disc problem is work related. I hope she can turn this whole thing around and find herself a job that can be satisfying to her and pay the bills also.

She needed some home repair work done 2 years ago and didn't have the money to do it so I took out a loan in my name for her. She made 8 payments pretty good but then quit. I know she was very financially strapped and couldn't do it but I wished she would at least acknowledge to us that she couldn't make it. But she didn't and continued to occasionally go out with the girls. I mentioned my frustration to my husband and he mentioned it to her. So now she is afraid to accept any money form us. I have gently tried to explain how I felt and that I have put it in the past. I would give her a blank check to help her out right now. I know she would use it sparingly but I know that's not the way to do ti. But dang it, my daughter is hurting and I want to help but help the right way to help her grow but also keep the bills paid. She has given up all cable, phone and internet and has left herself with just a $35/month no contract virgin mobile cell phone so she will use my computer to send in applications, etc.


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