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General => The Cantina => Topic started by: PaunchyBald on December 23, 2008, 03:51:46 PM



Title: Any *bunghole* HR people around here?
Post by: PaunchyBald on December 23, 2008, 03:51:46 PM
Gotta question about what happpened to a co-worker.

Dude got written up for and injury that occured in the parking lot before he even clocked in.

Maintainance got ate up with the dumbass and didn't salt the parking lot after some freezing rain.  Did the truck lot though.  Gee *feces* for brains, where do people have to go first?

So dude gets out of his car and falls hurting his shoulder.  Regional manager wrote him up for a preventable injury.  Thing is, dude wasn't on the clock yet.  I suggested he contact some *bunghole* attorney.  I haven't slept in a Holiday Inn Express for years though.  Whaddya think?


Title: Re: Any *bunghole* HR people around here?
Post by: stroh on December 23, 2008, 04:10:57 PM
I don't see why he wouldn't have a case.  I'd be pissed.



FTR, *bunghole* HR people is redundant.


Title: Re: Any *bunghole* HR people around here?
Post by: Blader on December 23, 2008, 04:12:37 PM
Regional manager sounds like an unrepentant Reagan Republican.  

Forget HR, lawyers, etc.  Your friend isn't going to win the lottery with this one.  Besides, more potent solutions exist.

Report him to the Proscription Unit @ Change.gov, for re-education assignment.  I have to tell you, Raum Emanual is gonna make the Cambodian killing fields look like a Catholic middle school field day.


Title: Re: Any *bunghole* HR people around here?
Post by: campy on December 23, 2008, 04:18:22 PM
We've had instances of discipline involving lost time, off-the-job injuries @ my company also.  In one case, an employee was grinding on a piece of metal at his home and got a burr in his eye which caused him to miss X amount of days.   Because he was not wearing safety glasses/face shield at the time, and because our company has a very liberal policy of supplying PPE for home use, his accident was deemed preventable, and he was written up.  

OTJ injuries are a statistic that is heavily tracked @ my company on the corporate level.  While it gets conveyed that the corporation is concerned for its employee well being, the bottom line is off-the-job injuries are costly to the company.  So, it does not surprise me one bit that the guy was disciplined...I don't think it was right, and I think they went a little far, but not surprised.


Title: Re: Any *bunghole* HR people around here?
Post by: tdcoly on December 23, 2008, 04:29:09 PM
Umm, just MHO, but the guy was on company property and fell as the result of the negligence of another company employee/contractor.  Lawsuit?


Title: Re: Any *bunghole* HR people around here?
Post by: Aske on December 23, 2008, 04:37:14 PM
$10M


Title: Re: Any *bunghole* HR people around here?
Post by: Clive on December 23, 2008, 04:52:08 PM
I'm not positive, but I'm pretty sure the employee entitled to participate worker's compensation for an injury sustained due to falling in the employer-owned, employer-maintained parking lot on the way to work.  Factors that might militate against: Were other entrances available?  Is the one the employee parked nearest the main entrance for employees?  Did the employee appear to be acting with reasonable care on the icy surface, or clowning around/walking hastily?

As for discipline, I'd have to wonder at the underlying rationale for this being deemed "preventable".  People slip on ice, mkay?  Was there some evidence that he was exercising less than due care under the circumstances?


Title: Re: Any *bunghole* HR people around here?
Post by: campy on December 23, 2008, 05:15:49 PM
I'm not positive, but I'm pretty sure the employee entitled to participate worker's compensation for an injury sustained due to falling in the employer-owned, employer-maintained parking lot on the way to work.  Factors that might militate against: Were other entrances available?  Is the one the employee parked nearest the main entrance for employees?  Did the employee appear to be acting with reasonable care on the icy surface, or clowning around/walking hastily?

As for discipline, I'd have to wonder at the underlying rationale for this being deemed "preventable".  People slip on ice, mkay?  Was there some evidence that he was exercising less than due care under the circumstances?

Because regardless of the circumstances, unless it was an act of God, all accidents are deemed "preventable".   

As for everything else, I think you are right in that he would be entitled to Workmans Comp. or company paid sick leave, as it did happen on company premises, at a prescribed time in which one would be expected to be on company premises, regardless of whether he was on the clock or not.

 


Title: Re: Any *bunghole* HR people around here?
Post by: tdcoly on December 23, 2008, 05:22:24 PM


Because regardless of the circumstances, unless it was an act of God, all accidents are deemed "preventable".   


 


Well, there is that. :(


Title: Re: Any *bunghole* HR people around here?
Post by: PaunchyBald on December 23, 2008, 05:28:59 PM
Dude parked in designated employee parking area, near the designated employee entrance.  No witnesses.  Is being treated under WC as of now.

I wasn't suggesting that dude would 'hit the lottery'.  I was suggesting that the write-up be expunged by the involvement of the *bunghole* attorney.


Title: Re: Any *bunghole* HR people around here?
Post by: campy on December 23, 2008, 05:30:41 PM
Dude parked in designated employee parking area, near the designated employee entrance.  No witnesses.  Is being treated under WC as of now.

I wasn't suggesting that dude would 'hit the lottery'.  I was suggesting that the write-up be expunged by the involvement of the *bunghole* attorney.

Is this a union shop?


Title: Re: Any *bunghole* HR people around here?
Post by: PaunchyBald on December 23, 2008, 05:31:41 PM
Dude parked in designated employee parking area, near the designated employee entrance.  No witnesses.  Is being treated under WC as of now.

I wasn't suggesting that dude would 'hit the lottery'.  I was suggesting that the write-up be expunged by the involvement of the *bunghole* attorney.

Is this a union shop?

Nosiree


Title: Re: Any *bunghole* HR people around here?
Post by: gleek on December 23, 2008, 06:53:34 PM
$10M B


Billion is the new million.