Legal Question in Employment Law in California

I returned to work from a worker's comp surgery and my employer put me on an incorrect work status for 10 months. I lost 50%of my wages, my benefits, 50% of my 401k contributions, FMLA hours,STD and LTD hours. Am I entitled to recoup wages lost and 401k contributions lost? My employer had a "task analyzer" in place that stated in an 8 hour work day, you keyboard less than 4 hours a day which was my restrictions. When I was notified by Workers Comp Examiner my employer had this is place and I should have been working full time the entire time, then they corrected my hours, 10 months later. I have not been given any lost wages or lost 401k contributions. How should I proceed to get them?

Asked on 4/11/12, 4:57 pm

Terry A. Nelson Nelson & Lawless

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Talk to your WCAB attorney about the possibility of a 132a retaliation claim. That is your only remedy possible for WCAB related actions like this.

Answered on 4/12/12, 11:57 am

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