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I was hurt on the job 5 years ago. I now have fewer hours than my coworkers. I am not being treated fairly. What can I do?

Loveland, OH |

I work in a "big box" store. I was hurt 5 years ago while stocking shelves when my shoestring got caught on a piece of equipment and tripped me up. I have since had surgery, and physical therapy paid for by workers comp. I now have arthritis in both my knees due to the injury and am in constant pain even with medication. I have work limitations but can still do 95% of my job. I have been working 35-40 hours per week for the last several months. Now my hours have been cut down to 22. One of my coworkers has 38 hours and the other...30. I asked my HR boss to let me have one of my shifts back. She said she wouldn't and that she was trying to make it even for us all. If she gave me my shift back, we would all have 30. What can I do? I live in Ohio. Also, can I sue my company for crippling me?

I filed a disability claim with social security, etc. and was turned down. Please help me. I live paycheck to paycheck and can't make ends meet as it is no matter how frugally I live. Cutting my hours in half will put me out on the street. What can I do?

Attorney Answers 1

  1. It sounds like you believe this may be a case of worker's compensation retaliation. You were working a normal amount of hours per week until recently correct. Did anything change that caused your employer to cut your hours to 22? For you to have a claim here, the reason for the reduction of hours would have to be related to your injury, your workers comp claim or the fact that you have work limitations. It sounds like all 3 of those things were in play when you were working the 35-40 hours though correct? The fact that other coworkers have more hours than you, by itself, does not mean you are being discriminated against or treated unfairly. It depends on what the employers reason for changing your hours is. Either way, I'd recommend contacting an employment attorney to more fully discuss this.

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