Legal Question in Employment Law in California

LTO accident, continuous harassment, cancer diagnosis, work injury, won't allow

My mother (20+ years ago) became the first female Lift Truck Operator (LTO) in the Packaging Department. She has been experiencing continuous harassment at work since LTO accident--approximately 5 years ago. During September 2003, she had her gall bladder removed (doctors order) and her supervisors gave her a hard time (harassed her) about missing work. Then, around January 2004, she was diagnosed with kidney cancer. My mother notified her supervisiors that she would be missing work and the Human Resources Manager demanded my moms resignations from work. Ultimately, with the help of a non-profit organization I wrote a letter and requested the company to allow my mom her right to the Family Medical Leave Act (FMLA). Since the cancer diagnosis (now in remission) things have been getting worse at work. The company is not abiding by the collective bargaining agreement and is forcing her to work about 50 a week when there are men (with less senority) who can work. A fan blows directly on her back which has caused back pain, neck pain, shoulder pain--she reported this to the nurse and supervisors. She went to the doctor on Tuesday and he said she cannot work more then 8 hours a day--today (wednesday)the company sent her home.


Asked on 9/29/04, 7:23 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: LTO accident, continuous harassment, cancer diagnosis, work injury, won't al

As a union member, her only remedy for on job issues is a grievance - file one. She gave up her right to sue when she joined the union.

The only exception is if she alleges, and can prove, the company is violating the anti-discrimination laws, such as the FMLA mentioned. Consult local counsel on that issue.

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Answered on 10/06/04, 4:08 pm


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