My boss was ordered to send me home a few hours into my shift because her boss realized that I was still in an ankle boot from a recent injury.

My boss was ordered to send me home a few hours into my shift because her boss realized that I was still in an ankle boot from a recent injury. Their reasoning was that I was a safety hazard by being in the office. Earlier that day I had reported another employee's abusive behavior and threatened to go to Human Resources if this matter was not addressed. The next thing I know, I'm being sent home due to being a "safety hazard". Would this fall under the category of retaliation?

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15 Comments

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  1. Anonymous

    Maybe. I guess you can speak with an attorney to get a legal opinion.

  2. Anonymous

    Please don't waste an attorney's time seeking a "free consult" because of a boot and being sent home for a safety hazard. Get real! Another example of this litigious board screaming "call an attorney" because someone has a hurt feeling.

  3. Anonymous

    Actually, Anonymous 9:19, had you bothered to read the OPs post you would see that they were sent home the same day AFTER reporting the abusive co-worker's abuse. Not once did OP ask about an attorney, the OP asked if the coincidence in timing appeared to be retaliation to anyone else.

  4. Anonymous

    How do you attach your boot, that very well could present a hazard in the workplace, to the abusive behavior? Not necessarily clear retaliation, to be honest. Maybe it's the snapshot you've shared.

  5. Anonymous

    I would think that is the case but it’s not something you can prove. So like another poster mentioned, document everything. In fact sending one home in a boot is not a safety hazard. Unless you work in a plant and can’t perform your work safely: if it’s a desk job that’s super odd. Seek counsel from an attorney. Good to have one in your back pocket in case you need to file a complaint,

  6. yvette finley PHR

    I recommend requesting a reasonable accommodation for having the boot on at work if it is medically necessary for you to wear it. The employer would be required to provide a reasonable accommodation or explain why you having the boot on is a hardship. Be prepared to provide supporting medical documentation if you have it. Since medical equipment (boots, crutches, canes, slings etc) are not provided by the employer to do the essential functions of your job, medical necessity is the option for having them at work. This situation has protection under the Americans with Disabilities Act (even if the injury is temporary). The ADA is complicated but there to protect the employer and provide a way for the employee to fulfill their essential job duties while recovering.

  7. Anonymous

    They are not required to accommodate if they can prove the accommodation puts a burden on the business. It really depends on what the OP does.

  8. Anonymous

    Most places of employment are “at will”. If anyone is perceived as a “problem” they will find a reason to let you go. When it comes down to it HR does not care about employees but is devoted to the whims of their employer. One thing I have learned over the years if to keep my mouth shut and my eyes on my own path- If you want to keep your job let things go and keep to yourself- the world of employment is not a fair place- politics rule and people are very dispensable- sorry to have to tell you this- it’s a rough world we live in- they will retaliate and they will get away with it- they will FIND a reason to let anyone go that’s perceived as a problem- I have not survived 30 years in my field by making waves- I go with the flow and keep to myself-

  9. Anonymous

    No, unless you can tie those 2 things together not likely. Definitely document what happened and bcc your personal email just to be on the safe side. Consider yourself lucky that your employer does not want you to be further injured on the job.

  10. Anonymous

    If it was retaliation, it will be almost impossible to prove - you were wearing a boot. They sent you home for an actual reason. Unless you can prove that isn’t a policy, there’s not much you can do.

  11. Ayian

    Being in a medical device post-injury in an OFFICE environment is not a safety hazard. This is absolutely retaliation, but unless you put everything in writing, you won't be able to argue it. You can, however, go to HR with an employment attorney and inform them that your medical device does not constitute a safety hazard. Also, get a letter from your doctor stating how long they want you to wear it. It is unreasonable not to be able to work because you are wearing a medical device that does not get in anyone's way and is only an inconvenience to yourself.

  12. Anonymous

    Threatening in this situation just set you up for more grief. If you are going to report it, then do it, don't say you are going to do it. Safety is number one in office environments, so sending you home because of a boot would be normal if on the production floor. If you were just in the administrative offices, then it may have been retaliation. Not sure you have a "foot" to stand on in this area of safety needs.

  13. Anonymous

    I know Exactly what You mean I was Hurt on the Job had a Serious Bad went to a Care Now Clinic to see a Quick Microwave Doctor There they had Me Off From Work for 4 Days told me I can Go Back with a Boot on My Left Foot here in Texas State So I stayed away from Work because of This Bad Fall, They let Me work when I came Back a whole long Week had me Walking around with a Big Boot on My Left Foot all around Ling Distance on The Job all in The Hallways Then Had Worker’s Comp Department Lady from The Office HR to Had The Principal & The Secretary to Call me Down to The Office to Immediately Go Home Because They Did Not want to get into Trouble & have me to be Sued, So I did went home was still in Complete Pain went Constantly to The Clinic Care Now that is Not in Clients Favor & is On Your Your Favor, However HR From The ISD School District they Kept Calling Me, They Kept Emailing Me, While I was still being Seen by Worker’s Comp Doctors & on Powerful Meds from Them & Getting Physical Therapy The ISD School District give Me 7 Months while all of that was going on & it still is to this Day HR Gave 2 Options Get Fired or Put in Your Resignation Letter The Head HR Lady Suggested Strongly that I put in a Resignation Letter instead not to look Bad So when I can go back to work I can still Look Decent However, Right Now I am still going to Worker’s Comp on Powerful Meds walking around with a Kane and it is Hard Getting a Job when Most Jobs want You to Work Physically, I am not able to do physical work of Lifting anymoreYes I have My Bachelor’s Degree From Capella University in Business Administration, a lot of Jobs and Companies out here in Texas want to Hire people doing Door, Life Insurance Companies, then Some are Being So wrong they want you to work For Commission only, Commission So I do Know what You Going through I wish I had a Lawyer to Take My Case But I was working for the School District Basically Government So I don’t have Rights Basically. I have had Some people Told Me Be Thankful they are still paying the Doctors & Paying for your Meds Even My Long Term Disability Insurance I Sign up with & for on this Job has been Cut Off 3 Months Now I don’t have any Income and I don’t know what am I Supposed to do for Money income and still going through Bad Pain from the work Injury I wish I had an Attorney to Help Me be Getting Fair Good Treatment.

  14. Anonymous

    Maybe.

    Does your position require full mobility and prohibit you from full job responsibilities while in a boot? Are you driving anything with a broken right ankle?

    Given the timing it seems suspicious as hell. Even if you were injured on the job and needed the use of the foot, they would have put you on “light duty” office work until you regained mobility, and that would have been worked out with HR and workers comp if you were injured on the job. The only defense they could claim is that you cannot drive in your job capacity with a broken right angle.

    To me it’s clearly retaliation and protecting the abusive employee. But I suspect there are other pieces to this story. If “management” is doing shady stuff to protect an abusive employee, there’s something else going on here.

  15. Cheryl Anderson

    No. The issues are unrelated. If you have a non-work related injury, an employer will not want you at work. If you re-injure yourself the liability becomes the employers. Most employers prefer to keep workers compensation rates lower.

    If you were injured at work, the answer is different. Then the company will want you back to work up to your physician's orders.

    I do not see any retaliation.

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