19 year old taken off pt work schedule illegally

[1ke]

injuryclaimcoach.com/fired-from-work.html

At-will Employment

With certain exceptions, every state recognizes the doctrine of “at-will” employment. At-will employment means both the employer and employee are free to terminate their working relationship at any time, for just about any reason. An at-will employee can be fired at anytime, with or without cause. (Montana is the only state which requires an employer to have “just cause” to fire an employee, once the employee has completed a probationary period.)

However, you cannot fire someone for an *illegal *reason at-will or not-- discrimination or in this case filing a worker’s compensation claim.

Laws regarding the illegality of firing someone for a worker’s compensation claim/ retaliation for worker’s comp are at the state level not the federal level-- but a lot of states have these laws. So the OP’s son would need to research the law in his state.

Whether or not the incident is considered worker’s comp within the meaning of the state law depends on a couple of factors including perhaps whether or not he reported the injury at the time it happened. Not enough details to know any of that. But if he didn’t report it, went to the doctor, and showed up at work with a bill-- well, then it’s debatable whether the injury happened at work in the first place (from the employer’s point of view).

 

[1ke]

If your son didn’t report it at work, it didn’t happen at work. The manager is just going to scoff at the doctor bill and is not going to schedule around an injury that took place outside of work.

Exactly.

Let your son go and apologize to his manager on his on and ask to be returned to the schedule.

I’m not sure an apology is warranted, but a conversation certainly is. And, figuring out whether this is going to be paid by the company or by the OP’s insurance.

And a “how do I handle something like this in the future” would certainly be a good question to ask.

 

[St_Pancake]

In most states it’s illegal to fire someone soley because of an injury at work. It wouldn’t be a very safe workplace if people had to hide serious injuires in order to avoid being fired. At least with my kind of work that behavior would put everybody at risk.

It’s not illegal to no longer offer work to someone injured on the job where I live and in other places.

I’m not in Mass but I doubt you will find a state more liberal than Mass. In the linked documents, number 34 asks and is answered: 34. I was injured on the job, and I’m getting weekly checks. My employer has terminated me; are they allowed to do this?

Unless your union contract, or individual contract of hire, requires it, an employer does not have to hold your job open while you are unable to work due to an industrial accident. But, MGL c. 152 § 75 of the workers’ compensation law does require employers to give preferential treatment in the rehiring of injured workers when they are ready to return to work.

mass.gov/lwd/workers-compensation/injured-workers/injured-workers-faqs.html

I know some states require you to continue to offer work but not all do.

 

[St_Pancake]

You do understand that Mommy showing up at work does not gain your adult child any respect?

You do understand how far out of bounds this is, right?

You do also understand that work cannot legally talk to you about your adult child, not his performance, not his schedule, not “why” they did or did not do something, and certainly NOT about his injury which is a HIPAA covered item.

What does your adult child say about Mommy going to his work to chew out his manager? Frankly, I’d be mortified if I found out my parents wanted to do that. I waited tables at 19 while in college. My manager was a class A jerk. He made me cry in front of my customers while berating me for some stupid thing or another. I had good schedules and bad schedules. I had jerky coworkers and nice ones. I had conflict at work. I burned my arm on grease.

A) It never occurred to me to even tell my parents about my work problems at 19.
B) I’d have died a thousand times over if they tried to intervene in my work problems. Or my school problems. Or my relationship problems.

I’m sorry Mommy, I don’t understand why you would want to get involved in your adult child’s business.

I remember being 13 years old and having an issue with a teacher. My mother said, “You tell them that your mom said…”

I was certainly not going to start any sentence that way to handle an issue with an authority figure.

 

[Burt_Macklin]

It’s not illegal to no longer offer work to someone injured on the job where I live and in other places.

Thanks be to God that’s not the case where I work. I know that I would be a lot less inclined to put my kneck on the line knowing I would get no support if I were injured in the line of duty.

 

[HCTC]

I suggest that your son go back to the doctor and get a written medical release stating that he can return to work. He should take two copies of the release to his manager. One copy is for the manager to keep. He should ask the manager to sign and date the second copy for your son to keep for his own records. Your son should ask the manager for the date and time that he is scheduled to return to work.

 

[mommy_k]

You do understand that Mommy showing up at work does not gain your adult child any respect?

You do understand how far out of bounds this is, right?

You do also understand that work cannot legally talk to you about your adult child, not his performance, not his schedule, not “why” they did or did not do something, and certainly NOT about his injury which is a HIPAA covered item.

What does your adult child say about Mommy going to his work to chew out his manager? Frankly, I’d be mortified if I found out my parents wanted to do that. I waited tables at 19 while in college. My manager was a class A jerk. He made me cry in front of my customers while berating me for some stupid thing or another. I had good schedules and bad schedules. I had jerky coworkers and nice ones. I had conflict at work. I burned my arm on grease.

A) It never occurred to me to even tell my parents about my work problems at 19.
B) I’d have died a thousand times over if they tried to intervene in my work problems. Or my school problems. Or my relationship problems.

I’m sorry Mommy, I don’t understand why you would want to get involved in your adult child’s business.

Well, this is how I think of this. it does not sit well with me that he was taken advantage of-and it is difficult to watch.

He is pretty independant, as my even older kids are, but I never know when help and how much to help, and when to just be quiet. That’s why I asked.

 

[St_Pancake]

Thanks be to God that’s not the case where I work. I know that I would be a lot less inclined to put my kneck on the line knowing I would get no support if I were injured in the line of duty.

Which state is that?

 

[1ke]

Well, this is how I think of this. it does not sit well with me that he was taken advantage of-and it is difficult to watch.

He is pretty independant, as my even older kids are, but I never know when help and how much to help, and when to just be quiet. That’s why I asked.

I understand the instinct is to intervene. I am sorry if my posts came across harshly.

At 19, he’s just going to have to fight his battles himself.

Yes, he may be taken advantage of. I paid WAY too much for my first car. It was my mistake. But I did it myself and I learned from it.

Yes, things may be unjust. We’ve all had things happen to us that were unjust.

Yes, it is difficult to watch.

Encourage him to research these issues, to learn from them, also teach him what to do if he’s ever injured on any job again-- report it to HR immediately, etc.

But, no, don’t try to intercede or intervene on his behalf. At 19, he’s more than capable of handling his own affairs.

I don’t understand why 19 has suddenly become so young and so incapable of handling themselves? I think people coddle their children way too much, in general (not saying you do). Nineteen is an adult. Nineteen year olds can and should be independent.

I guess take your cue as to whether he’s asking for advice or not. If he is, give it. If he’s not, then don’t. And, from here on out, there really is no doing something for him-- no intervening or accosting anyone on his behalf. He is an adult.

 

[Hoosier_Daddy]

If a 19 year old Guy’s mom came in to talk to me I’d permanently never schedule the guy again, I’d erase him from my employee list as soon as I stopped laughing long enough to do so.

Some parents’ good intentions can be incredibly harmful and crippling for thier kids.

 

[pnewton]

YES! Coach him, support him, help him understand what his options are, but don’t embarrass yourself and him by trying to talk to his manager. He’s 19, he needs to do it. It won’t go well if mommy does.

This is by far the best answer. However, if he did not report the injury at the time, and there is no evidence it happened at work, you can hardly blame the manager. I know some managers are unscrupulous and reject their legal responsibility until pushed, and then they retaliate. However, some employees also are equally unscrupulous and try and take advantage of built in safeguards.

Practically speaking, its a toe and one of several possible part-time jobs. It is unwise to make a publicized case of a questionable situation, if this wasn’t properly documented at the time of injury. It is probably best just to move on. Employers talk, some even call past employers when screening resume. Workman comp claims need to be totally clear and just or they will block future employment.

 

[mommy_k]

My son was working at night he got injured and called the manager for the procedure, as my son had the key to close.The manager told him over the phone what to do, and he did not give the name of an employee doctor either…

We also have medical insurance that would have covered this , but the doctor who looked after him said ethically he had to have the bill taken care of by the employers insurance. For us to have submitted this to our insurance is considered insurance fraud.

Iif a person collects workers compensation pay–this is different. This was just a one time bill.

And my son was not terminated-just left dangling without a schedule for a few weeks even after asking. They tell him to come in later in the week and then cancel the schedule.

 

[1ke]

My son was working at night he got injured and called the manager for the procedure, as my son had the key to close.The manager told him over the phone what to do, and he did not give the name of an employee doctor either…

We also have medical insurance that would have covered this , but the doctor who looked after him said ethically he had to have the bill taken care of by the employers insurance. For us to have submitted this to our insurance is considered insurance fraud.

Iif a person collects workers compensation pay–this is different. This was just a one time bill.

And my son was not terminated-just left dangling without a schedule for a few weeks even after asking. They tell him to come in later in the week and then cancel the schedule.

It’s good that your son followed the procedures of the workplace. It’s bad that they are jerking him around.

It’s still not your place to “do” anything. It’s your son’s place to do what he deems best.

 

[Hoosier_Daddy]

My son was working at night he got injured and called the manager for the procedure, as my son had the key to close.The manager told him over the phone what to do, and he did not give the name of an employee doctor either…

We also have medical insurance that would have covered this , but the doctor who looked after him said ethically he had to have the bill taken care of by the employers insurance. For us to have submitted this to our insurance is considered insurance fraud.

Iif a person collects workers compensation pay–this is different. This was just a one time bill.

And my son was not terminated-just left dangling without a schedule for a few weeks even after asking. They tell him to come in later in the week and then cancel the schedule.

Before I continue, does your son have a disability?

 

[pnewton]

Another question would be whether the injury was a result of improper safety rules, violation of the rules, or carelessness. This too can have a bearing on how an employer will respond, though it does not relieve him of the immediate financial responsibility.

 

[mommy_k]

Before I continue, does your son have a disability?

No–
He’s in college, and an athlete, has lots of friends.
He thought that they just weren’t busy anymore to need him.

Which is not true.

 

[bluerose]

I think what your son needs to do is schedule a meeting with his immediate supervisor and ask to be put back on the schedule (provide a definite work release from his doctor.)

It would be best if he were to consult an employee handbook or ask about on-the-job injuries and what procedures are to be followed. At my work (a large retailer), we have to report on the job injuries within 24 hours. There is an incident or accident report to be filled out detailing how and why the accident or injury occurred. Hopefully this was a one-time thing, but it would be a good idea to know what do should it happen again.

He needs to go IN PERSON to talk to his supervisor or manager to request to be put on the schedule. A phone call is not appropriate. If he gets no definite answer and feels they are stonewalling him, he needs to talk to Human Resources (assuming his place of business has an HR person) and report the problem.

 

[Polluted]

Traditionally they should schedule him 1 shift a week with very little hours so he is forced to find another job. The manager is making a rookie move and sending up red flsgs, but still…what’s your sons part in this? What’s he like on the job? What’s his work ethic like? I know as a parent you probably assume the best but most young adults I’ve worked with are not the best workers…combine that with getting sent a medical bill for possible negligence on his part? You best believe I would probably not be too thrilled to schedule this kid again. Is he gonna possibly injury himself again, foot me the bill, then send his mother to scold or threaten me?

Ya, at the end of the day you guys can’t prove anything. If it was an honest mistake that sucks and the company should pay and there should not be any of this brhavior, but as long as he says “there are not hours available for him right now” there is no way legally you can prove a thing.

 

[mommy_k]

Thank you all for your advice and replies. I won’t interfere. He is going there rtoday after class to see if he can squeeze a few more hours in while he looks for another job-- that’s what he wants to do…he has some bills that have to be paid…

But what is truly bugging me is that companies are so careful these days not to get sued for things that are clearly not right–disordered lifestyles and so on. So they are very care ful how they deal with people like that because of backlash from powerful groups.

But for a legitimate thing like a small injury on a young person- the innocent get stepped on.
It teaches young people starting out to be cynical. I was careful with talking to him about this and just told him they are not giving you enough hours so look for something else. I told him it was not very nice how they are treating you after you got hurt there, and most companies don’t do that.

I also told him I will be getting my hot beverages elsewhere- forever- because of this.

 

[Allegra]

Of course you shouldn’t talk to your son’s manager for him! I doubt the guy would talk to you anyway. Managers don’t have to talk to their employees mommies! When I was a shift leader at Taco Bell, I was frequently called from the line to answer the phone, only to find it was a certain employee’s mother wanting to let me know that it wasn’t her son’s fault he was late or to ask if he wanted her to bring up his extra uniform pants or even to seek feedback on how he was doing at his job because he stayed up too late playing video games and she told him he was going to be too tired to work. (Sorry lady! Taco Bell doesn’t have parent-manager conferences!) Finally, I told her that this was a place of business and not a baby gym and to quit disrupting our dinner rush with her nonsense. She came up and tried to get into an argument with my manager and he ended up firing the kid.