Asked in Kutztown, PA , on Oct 18, 2021
Hi, I work at a building for student living. Recently, I had a small injury and had to file a worker’s comp claim. I got back to work the next week, and when scheduling for November, I noticed that my hours were cut from 9 to 15 a week to 4. When I asked about this, my boss responded with “well, no employee is entitled to any shift.” and “We don’t have the space in the office” when we have more people working now, with the same amount of people in the office. The schedule is the same, but they have removed me from my longest shift. Would this be considered retaliation?
Answered on Oct 19, 2021
It is hard to say with the information provided, it really would depend on far more facts. There is a line of cases that provide some protections from termination for a non-Union employee who makes a WC claim. Shick v. Shirey. As a WC attorney, if someone like you walked in my office, my main concern would be if you really had a minor injury. Alot of times, the WC doctors do not work very hard to find an injury. Often times, you see MRIs and diagnostic testing deferred for far too long. Your WC rights can change very quickly in the first 90 days, this period is the most important in any injury case. You should actually talk to a WC attorney because there could be far more going on in the background then you realize. If you don’t do it quickly, such as in the first 90 days, there are alot of easy opportunities that could be lost, which may require a painful fight down the road. Good luck.