My cousin is having real issues with her employer...

[diabeticman]

My cousin has been working for a "for profit" group home company.

my cousin has been begging and hoping for a transfer for 2 months before she got hurt. She has been off close to a month with the injury (no dislocation or anything ) just a REALLY BAD strain /pulled shoulder muscle.

my cousin saw the doctor and he has extended her being off an additional 2 weeks and more therapy. She went back to the office as she was instructed to do. The officer person she reported too has always been snotty since my cousin's injury. This time the person said: "oh this won't due. Your light duty work was only suppose to be 30 days. After Friday your done with that. I don't know what we will do but you can only be light duty for 30 days. I will have to talk (the person named the persons who are the top of the company.) and they would have to call my cousin when they "figure something out" (that is if they do call)


But this company is planning on putting my cousin back at that house she got hurt in.


If the company does that after the doctor ( who is pissed they are sending my cousin back to that house) releases her back to full duty.. would that be considered a hostile work environment?


She is seriously wondering if they ever considered transferring her to another house.


Why is it employers in the health care field treat there workers like crap especially when you have people like my wife and cousin who ( I am told by others) Have a way with mentally challenge people.

[Warpy]

1. Oh, yeah, it would. She has grounds to sue

based on the recommendation from her doctor. Her employers are playing the "uh-oh, she got hurt, better try to force her to quit before she costs us money" game.

They are trying to force her to quit. That's why the transfer is not forthcoming.

[Sivafae]

2. Tell her to call Osha and make a complaint. That will support any claim she has.

[Laelth]

3. This is a workers' compensation issue.

She needs a workers' compensation attorney from her own jurisdiction, pronto.

-Laelth

[1StrongBlackMan]

4. Okay ...

there are a number of things going on here; but to answer your direct questions:

would that be considered a hostile work environment

No. A "Hostile Work Environment" has a specific meaning within the law.

Why is it employers in the health care field treat there workers like crap especially when you have people like my wife and cousin who ( I am told by others) Have a way with mentally challenge people.

Because they can ... home healthcare/group home workers tend to not be organized (i.e., unionized), so work conditions suffer.

My recommendation is to have your cousin contact the State Worker's Comp Agency and/or the State or Fed. Dept. of Labor to determine her course of action.

Sad to say though ... it may be time for her to move on ... the situation is unlikely to change.

[TheDebbieDee]

5. Home healthcare workets need to unionize, full stop!

With the graying of America, their skills and services will become more in demand. They should start demandiing more pay now in order to be in a position to get decent wages down the road....

[otohara]

6. I Sued Big The Radio Corporation

it's not worth it - judges side with employers - coworkers lie because they don't want to lose their job. Getting the EEOC to side with you is rare, finding an attorney can be difficult too depending on the details. I have a lifelong disability and my case was turned down by one out the the 3 I met with.

The ADA is great for access, but in these cases - kinda worthless.

Many people treated me poorly especially Human Resource head - their job is to protect the business
not employees.

She needs to talk to her boss, ask and bring a letter from Dr. to the meeting.

[irisblue]

7. work comp lawyer fast

These people are trying to slow walk her out the door.

[SheilaT]

8. As others have said, this is a worker's comp issue.

I will warn you that it can take years to settle. One unpleasant truth about the legal system is that they are almost never in any kind of a rush to get anything done. The same attorneys who would complain if a flight was five minutes late, will file for delay after delay in a legal case in the hopes that the principals will die before they ever have to do anything meaningful.