Legal Question in Workers Comp in Illinois

Laid off after returning to work,

mY HUSBAND WAS INJURED AT WORK 2/28/01.AFTER WORKING FOR THE COMPANY FOR 5 YEARS....HE HAS BEEN OFF WORK SINCE, HAD BACK SURGERY FINALLY IN 12/01 AND NOW HAS A FULL RELEASE FROM HIS DOCTOR TO RETURN TO WORK 5/13 FOR FULLY DUTY. . wE HAVE BEEN TO THE EMPLOYER TO INFORM THEM AND HAVE BEEN TOLD CONFLICTING ITEMS...THE 1ST TIME WE WENT IN WE WERE TOLD HOW MUCH THEY NEEDED HIM AND THAT THEY WERE LOOKING FORWARD TO HIM RETURNING, THEY ALSO INFORMED HIM HE WOULD BE TAKING A 5% PAYCUT DUE TO THE BAD ECONOMY. .. LATER THE SAME DAY WE RECEIVED CALL FROM AN INDIVIDUAL AT THE COMPANY HIGHER UP WHO HAD INDICATED, 'I DON'T BELIVE WE HAVE ANY POSITIONS AVAILABLE FOR YOU.. WILL BE MORE THAN HAPPY TO WRITE YOU A REFERRAL... i CAN UNDERSTAND WITH THE ECONOMY THE WAY IT IS TO NO LONGER HAVE THIS POSITION AVAILABLE, BUT THE COMPANY ON ALMOST A DAILY BASIS IS CALLING IN TEMPS BECAUSE THEY NEED HELP. ONE HAS BEEN THERE FOR THREE YEARS. .ALL THE TEMPS ARE MINORITIES AND IT SEEMS TO ME THAT WE MAY HAVE SOME REVERSE DESCRIMNATION BECAUSE MY HUSBAND WAS FULL TIME EMPLOYEE WITH BENIFITS.. TEMPS DO NOT RECEIVE THE FULL PAY AS FULL TIME EMPLOYEES AND NO BENEFITS..DO WE HAVE ANY RECOURSE..


Asked on 5/07/02, 1:20 pm

2 Answers from Attorneys
Joseph Spingola Joseph J. Spingola - Attorney at Law

Re: Laid off after returning to work,

Your story does not say that your husband has filed a Work Comp claim or not. If you have, you should discuss your situation with your attorney. If you have not filed a claim, you should. Wrongfull termination is difficult to prove. However, if your husband is a union member, he should talk to his union to find out what is going on. However, you may have some other rights under the Workers' Compensation Act that should be reviewed with an experienced attorney. Good Luck.

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Answered on 5/07/02, 11:05 pm
Jeffrey Friedman Law Office of Jeffrey Friedman

Re: Laid off after returning to work,

Based on your inquiry, your husband may have a claim for wrongful discharge for exercising a right under the workers compensation statute. Also, if your husband is being discriminated based on his race, then he may also have a valid claim under federal law. Please consider contacting an attorney to fully discuss this matter.

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Answered on 5/07/02, 2:14 pm


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