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My girlfriend has a job related problem...

Discussion in 'The Lounge' started by divorced, Apr 21, 2006.

  1. divorced

    divorced 3/4 ton status

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    ...and maybe the brotherhood can give us some advice?

    She has worked as a CNA in a nursing home for aboot a year now and has never caused any problems, has always been on time, and even came in many times on her "day off" to cover for someone who called in six.

    She is pregnant with twins. She lifted someone at work the yesterday and had real bad stomach pain so she went to the baby doctor and got checked out. Everything was OK and he gave her a note for "Light Duty, NO lifting over 5 pounds." She gives her boss the note today and the boss goes nuts! She throws her cup of pens across the room against the wall and shouts "We are already short some people today!" Then she tells my girl to just leave and don't come back until the light duty restriction expires in 3 weeks.

    Is this legal?

    Would she be best off to try and find another job and tell these people to screw-off?

    :mad:
     
  2. 84blazin

    84blazin 1/2 ton status

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    Thats $##$ing messed up that she blew a fuse like that. I'd prolly would've quit there on the spot. Best advise that I can give you is that she should hang on to the job a little while long til she can take leave. If need be take it to the HR dept. People know NOT to f*ck around with HR.
     
  3. wraenking

    wraenking 1/2 ton status

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    i know my comapny is non union so they could fire me at any time for any reason without explanation. her supervisor may be really stressed.

    best bet is to have the wife sit down with the sup and try again. may have been a bad mood. if not, drive the k5 through the front doors.

    :D

    good luck, andcongrats bud!
     
  4. cbbr

    cbbr 1 ton status GMOTM Winner

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    The Pregnancy Discrimination Act prohibits employment discrimination based on pregnancy. also look up The Family and Medical Leave Act. Read up here, and here to start.
     
  5. 4by4bygod

    4by4bygod 1/2 ton status

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    one thing to watch for is her boss to claim there are no " light duty" jobs available.. that everyone has to lift people, and nobody gets out of it. There's a good chance HR would agree with that, regardless of what the laws say.

    When the company argues on the basis of job description, and not an employees medical condition, ( IE: pregnancy), then it can't be said they are discriminating.

    It's an effective defense, and the only way around it is to get a good lawyer if you want to push it. 3 weeks home is cheaper.

    Not saying they're right, it's just something to expect.

    To them, Your girlfriend represents a workers comp case waiting to happen, so if they can get her to stay home, it's safer for them legal - wise.

    I used to work in an aluminum casting foundry ( union )that pulled this every time a guy got mildly hurt, resulting in a light duty assignment ..

    there was a mandatory drug test,and then mandatory " vacation time", until the guy healed up. the family and medical leave act was already law at this point too.

    Tom
     
  6. fordeater

    fordeater 1/2 ton status Premium Member

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    I have been reading on this in my business law class. If she got a job related injury i would go through l&I, or workers comp. That way the company will still have to pay, and she will get a paycheck. I would also try to find another job at some point. there is no sense in working for a company who want work with you even though you bust your butt for them. Just my 2 cents
     
  7. Cmoe

    Cmoe 1/2 ton status

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    She needs to contact her boss and get this in writing.... As she is on the scedule to work.... This allows her boss to calm down a thiink of her actions.... If she gives her a not she can then go back to her doctor and get workman comp case started.... This all stems from her lifting someone at work.
     
  8. walla2k5

    walla2k5 1/2 ton status

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    Since she is a CNA I will assume she is in a Union.Have her get ahold of her Union Rep. and discuss the Family Medical Leave Act,and quite possibly Violence in the Workplace,when her "Boss" threw a cup accross the room.( Yes that does constitute violence ) . Glad to hear she is alright.:D
     
  9. thezentree

    thezentree 3/4 ton status

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    Is Wayne Brady gonna hafta choke a bitch?
     
  10. CustomChevy

    CustomChevy 1/2 ton status

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    BAHAHHAHAHAHAHA :haha::haha::haha:



    Sounds like the boss was having a rough day.
     
  11. divorced

    divorced 3/4 ton status

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    Thanks everyone for the information. We'll think about it for a day and decide what to do.

    Light duty work does exist there because they had another worker on light duty, all she did was come in for 4 hours a day and pass ice. I guess it just depends on who you are...
     
  12. beater_k20

    beater_k20 Banned

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    definitely a workman's comp case. she wouldnt have went to the doctor if it wasnt for lifting that person, and since she was on company time, it should be on the company dime.
     

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