holiday8
New Member
My husband injured his back while at work last June. He works for a para-transit company and his job involves transporting disabled people in a special van, which often involves handling wheelchairs. He hurt his back while securing a wheelchair in the van. He filed a worker's comp claim, and his boss began harassing him. The nature of this job means that each night the employee must call a special drive line to learn his work schedule. Many times he would call only to learn that he had not been scheduled to work the next day. Of course this meant that he wouldn't get paid. the excuse given was that there were only wheelchairs to transport, which is a lie. He has also had to endure constant needling comments about the status of his back. He has missed approximately two weeks without pay over the past year. Yesterday his boss called him into his office to ask when he would be assuming his former full workload, since he cannot handle wheelchairs at present. My husband explained that he had an orthopedic consult next week and that he wasn't certain yet when he would be cleared to handle wheelchairs again. So once more he was given a day off from work with no pay. When he called to ask why, he was told that his schedule had been given to another employee for no reason at all. Is this legal?
My questions are as follows:
Is it legal for his boss to cut his hours to the point where we are seriously hurting for money, just as a retaliatory action because of the workers comp claim?
The attorney that we engaged has done nothing about these missed hours. We have talked to him about how my husband's boss is doing this out of spite, and the attorney really hasn't done much about it. It took nearly 7 months until the Orthopedic consult was finally set. Is this how long such things usually take? Should we seek other legal counsel about my husband having to miss work because his boss is failing to schedule him out of spite? Or would this situation be the same no matter what attorney we use?
My questions are as follows:
Is it legal for his boss to cut his hours to the point where we are seriously hurting for money, just as a retaliatory action because of the workers comp claim?
The attorney that we engaged has done nothing about these missed hours. We have talked to him about how my husband's boss is doing this out of spite, and the attorney really hasn't done much about it. It took nearly 7 months until the Orthopedic consult was finally set. Is this how long such things usually take? Should we seek other legal counsel about my husband having to miss work because his boss is failing to schedule him out of spite? Or would this situation be the same no matter what attorney we use?