I was at our company safety meeting last week , and our safety manager clearly stated in front of 200 coworkers that if we operate our machinery safely, productively, and have good attendance, and have --no work comp injuries-- we get the full amount of our safety bonus.
A few coworkers have said they had their bonus deducted for filing workers compensation claims. To the best of my knowledge this is protected activity and the deduction of a bonus for this , is retaliation. Is this retaliation?
Who do I report this to in California. Is it the Labor Commissioner? Or would it be OSHA? This might be a whistleblower situation.
it is a violation of the Labor Code and the Fair Employment and Housing Act to in any way penalize an employee for filing a legitimate workers compensation claim. You can report the unlawful company policy to the Department of Fair Employment and Housing, or you can hire an attorney who may be willing to prosecute the case and procure injunctive relief.
Good luck to you.
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Follow Mr Pedersen's advise - workers can not be penalized for bringing legitimate claims for work related injuries.
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You should report it as Mr. Pedersen says, as a violation of the Labor Code and the Fair Employment and Housing Act. If you currently have an open work comp claim, you should consult an attorney, who can file a Labor Code Section 132(a) claim in your case for this discrimination. Best of luck to you.
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