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Smithcourt's avatar

I Would like to know if it's legal for an employer to take away your sick days and dock your pay because of being out of work for a week with a work ingury?

Asked by Smithcourt (11points) April 10th, 2010 from iPhone

I burnt my hand at work and got 2nd and 3rd degree burns on my hand and my doctor took me out of work and labled me as 100 percent disabled for that week. I was paid my salary for that week but now 3 weeks later my employer took away my sick days and docked my pay because they said I shouldn’t have been paid for the week I was out due to a work Ingury. I work for mcdonalds and would like to find out if this is legal and what I should do.

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20 Answers

TLRobinson's avatar

Did your manager complete an OJI (on the job injury) report? Was an incident report completed? Is the McDonalds franchise owned? You should call the general manager and/ or Workers Compensation professional.

trailsillustrated's avatar

sounds like a worker’s comp thing to me, doesn’t sound right to dock your pay- McDonalds is a huge corporation, call hr and talk to them

Captain_Fantasy's avatar

Wow that’s outright illegal in a lot of areas. I’d look up some labor laws.

You should also think about getting a better job that isn’t as risky.

Smithcourt's avatar

A work ingury report was filled out and that was my hr who did all of this. I work for a franchise.

MorenoMelissa1's avatar

Sounds to me like your boss is an ass. Sorry but it had to be said.

Smithcourt's avatar

Oh I agree very much so. They abuse every labor law as much as then can. Like giving one 15 minute break for salary managers working 9 hour days

ParaParaYukiko's avatar

Jeeeez… if you have the option, I would just suggest getting a new job.

Are there any other resources or higher-ups that you could talk to you about this?

TLRobinson's avatar

On the form, does it notate that the injury was occurred by working? Was there any instructions given on going to their physician?

Escalate your complaint to the HR person who originally completed the form. Try to work within the process BUT have a workers comp attorney on stand by. Also, as @Captain_Fantasy stated, pursue other avenues of employment.

Smithcourt's avatar

I’m in the process of looking for a new job. I’ve talked to 4 supervisors about this. And they all said it was legal but I find that to be complete bs. I was planing on calling the labor board Monday. I just didn’t know If I had any other options.

Nullo's avatar

Dump him in the fryer, see what he does with his sick days.

It is my opinion that the man has no business docking you anything.

Smithcourt's avatar

Yes on the form it stated that it happened at work and that I was going to the hospital to be seen. They have paid all the bills so far. So I guess I just don’t understand how they think this is legal and that they are going to get away with it

Smithcourt's avatar

Oh I’ve thought of that many times. :)

skfinkel's avatar

I remember in the book, Nickeled and Dimed, there was lots about the bad treatment of workers in those kinds of stores—I don’t remember if it was McDonald’s specifically, but it might have been. You might want to check that out.

And by the way, what you describe does not sound legal.

TLRobinson's avatar

Get the HR person involved. It seems you have a claim. Besides missing paid hours of work, there is pain and suffering.

john65pennington's avatar

This was not handled properly from the beginning. go over your supervisors head and talk to the people in Human Resources. they will give you an answer.

You may have to hire an attorney.

Smithcourt's avatar

The problem with contacting my supervisors and hr is I already did and they are telling me that this is legal for them to do. So I guess I will be calling the labor board and a lawyer on Monday

Kraigmo's avatar

If you are overpayed for any reason, your employer is allowed to dock your pay to correct the error.

However, just because they are allowed to, doesn’t make it always ethical. Your manager and his manager are assholes. That is a fact. And they might be breaking the law here, depending on your state and the facts at hand, which I’m sure you will find out.

WestRiverrat's avatar

Talk to someone in the HR dept at McDonald’s corporate headquarters.

Nullo's avatar

Shy of actual legal matters, if you can be enough of a pain to the right people, you can get all kinds of things.
I knew a guy once who harangued a crock pot company nigh unto death because the knob on his pot came off. They sent him a new one, free of charge.

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