Legal Question in Workers Comp in Illinois

Hello, while on light duty due to a work related injury on 3rd shift, is my employer allowed to force me onto 1st or 2nd shift and write me up for not being able to work the demanded hours (due to daycare)?

I tried explaining to my boss that I was hired for 3rd shift because I could not work 1st or 2nd due to not having daycare available for my son. My boss stated he could require me to work whatever hours he wanted and I have to work 6am-2pm. I explained I could not come in before 8 (after i got my son to school) and he threatened to write me up every day until I am fired. Is this legal?

Asked on 1/06/11, 3:20 pm

1 Answer from Attorneys

Jason Marker Marker & Assosiates, Attorneys at Law, P.C.

This is one of those gray areas. I would agrue that if you were hired for 3rd shift and had a work injury, that the employer should accomodate you with a position on the 3rd shift as well.

Since you are in jeapordy of loosing your job (because your boss may fire you), I would highly recommend you consult with an attorney and file a workers' compensation claim if you have not done so already. Filing a claim is the ONLY true way to protect yourself if you are fired. If the employer fires you after you have filed a WC case, then you have a potential retalitory discharge action you could bring against him. However, if you have not actually filed the case, and you are fired, it may be difficult to bring such an action.

I'm happy to speak to you further as part of a free initial consultation if you like. Feel free to contact me. Best regards,

Jason Marker



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Answered on 2/09/11, 10:45 am

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