Employer trying to keep a weeks wages

Asked over 2 years ago - Centralia, WA

Okay I work for a school dist. for the last 32 years . Never been written up or had any seriuos complaints . 2 accidents both not my fault . I had a head injury in December somewhat seriuos. I went back to work Jan. 2nd. had some problems so I was told to go back and the doc said no driving or work 2 weeks. Went back and had some problems but worked anyway . Boss looked up concussins one weekend and told me I couldn't drive anymore . Today I got a letter suspending me for 1 week with no pay . The letter said I lied about my injuries,He 1 complaint a parent didn't think I mad a safe unload.Then was told by staff members that I was incoherent and shouldn't be working.I think this is extreme I know you are thinking hes just sore he got caught . Do I have any recourse

Attorney answers (2)

  1. Robert Daniel Kelly

    Pro

    Contributor Level 20

    Answered . That would probably be between you and your employer. Employment is "at will" in the State of Washington absent any written contract or other special circumstances.

    [In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does... more
  2. Marilynn Mika Spencer

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I am a California attorney and not eligible to give legal advice in your state. The following is information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT PROVIDE SIMILAR OR GREATER PROTECTION. If I refer to your state's laws, that only means I did a quick Internet search and found something that appeared relevant. However, you should not rely on any comment I make regarding your state's law. You MUST check with an attorney licensed in your state.

    Your question raises issues related to disability discrimination, reasonable accommodation, safety, motor vehicle law, government employment, and perhaps union-related issues. The Avvo board is not really set up to handle the kind of detailed analysis necessary in your situation. It works best for short, general questions with short, general answers. More importantly, it is not confidential and your employer could be reading every word here.

    If your job is covered by a collective bargaining agreement (union-employer contract), you should take this up with the union. Unions are the sole representatives for employees within their jurisdiction for anything related to wages, hours and terms of employment.

    If you are acting erratically or in any way exhibit signs of being an unsafe driver, especially if your job involves transporting children, your employer has a strong and legitimate reason for keeping you from driving. However, it may be required to give you alternative employment temporarily as a reasonable accommodation under the Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA) or a similar law in your state. Please look at my Avvo guide on the ADA: http://www.avvo.com/pages/show?category_id=6&pe....

    Because you have so many different issues, you really need to speak with an experienced plaintiffs employment attorney who can spend the time needed to sort through your situation. To find a plaintiffs employment attorney in your area, please go to the web site of the National Employment Lawyers Association (NELA). NELA is the largest and most influential bar association in the country for attorneys who represent working people. The web site is www.nela.org, and you can search for attorneys by location and practice area.

    Also, NELA has affiliates in every state and in many cities. On the NELA web site, you can look at the list of affiliates. Some attorneys will be listed in the affiliate membership list, some in the national organization membership list, and some in both. Being listed in one or both lists should not influence your selection because attorneys can choose whether or not to purchase the listing in the national directory. Each local affiliate has its own rules for listing.

    I hope you can resolve your situation and wish you the best.

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more

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