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re: Ex-Chipotle manager, accused of stealing $626, gets $8 million for wrongful termination

Posted on 5/14/18 at 9:54 am to
Posted by cas4t
Member since Jan 2010
70945 posts
Posted on 5/14/18 at 9:54 am to
quote:

That all changed, Paboojian said, when Ortiz filed a worker's compensation claim in December 2014. Because of her dedication, she continued to work with her injured wrist until Jan. 18, 2015, when she went on medical leave. While on leave, upper management fired her without showing her the video evidence, Paboojian said. He called the move "evil," "indecent," and un-American.




Posted by magildachunks
Member since Oct 2006
32486 posts
Posted on 5/14/18 at 9:55 am to
TH is right.


She had a pre-existing condition. She injured her wrist at work bc of pre-existing condition.

It never says what her injury was
Posted by lsupride87
Member since Dec 2007
95951 posts
Posted on 5/14/18 at 9:55 am to
quote:

That's a terrible excuse.
Not really. I personally think if it is actually proven Chioptle fired an employee and set her up for theft in order to avoid workers comp, they should be forced to payout way more than 8 million in penalties.



Posted by TH03
Mogadishu
Member since Dec 2008
171080 posts
Posted on 5/14/18 at 9:55 am to
I must have missed where it said this in that paragraph.

quote:

stating she developed carpal tunnel while working at Chipotle.


Could you point it out?
This post was edited on 5/14/18 at 9:56 am
Posted by lsupride87
Member since Dec 2007
95951 posts
Posted on 5/14/18 at 9:56 am to
quote:

cas4t
Please show me where it says she filed a claim saying she got carpal tunnel from Chiptole


As the article reads, she filed a claim saying the injured her wrist from her complications with carpal tunnel.....
This post was edited on 5/14/18 at 9:59 am
Posted by TH03
Mogadishu
Member since Dec 2008
171080 posts
Posted on 5/14/18 at 9:56 am to
They tried to make her lie about a claim and go back to work. Fired her when she didn't. Then tried to make up a lie that she was stealing so they would be justified.

So yes they deserved to be punished in a way they'll actually feel.
Posted by TH03
Mogadishu
Member since Dec 2008
171080 posts
Posted on 5/14/18 at 9:57 am to
I feel like I'm taking crazy pills.
Posted by Breesus
House of the Rising Sun
Member since Jan 2010
66982 posts
Posted on 5/14/18 at 9:58 am to
quote:


So yes they deserved to be punished in a way they'll actually feel.


then make them eat the food. I bet the exec board and higherups would be punished worse for having to actually eat the food at chipotle than some money some accountant redlines on a balance sheet somewhere.
Posted by cas4t
Member since Jan 2010
70945 posts
Posted on 5/14/18 at 9:59 am to
quote:

As the article reads, she filed a claim saying the injured her wrist from her complications with carpal tunnel.....



yes, and pre existing conditions are not covered under WC. In order to trigger WC coverage she, or rather her physician, would have to prove she developed carpal tunnel while working at Chipotle.
Posted by Lithium
Member since Dec 2004
62123 posts
Posted on 5/14/18 at 10:01 am to
As soon as I saw the headline I knew it was California
Posted by DemonKA3268
Parts Unknown
Member since Oct 2015
19245 posts
Posted on 5/14/18 at 10:03 am to
quote:

As soon as I saw the headline I knew it was California
Yeah, no shocker there.
Posted by cas4t
Member since Jan 2010
70945 posts
Posted on 5/14/18 at 10:04 am to
the only way she would be covered by WC, with a pre existing syndrome, would be if she had an actual injury- like falling and injuring her wrist.

Simply having carpal tunnel before and aggravating it while working does not constitute as a work related injury.
Posted by WaltTeevens
Santa Barbara, CA
Member since Dec 2013
10990 posts
Posted on 5/14/18 at 10:05 am to
quote:

then make them eat the food. I bet the exec board and higherups would be punished worse for having to actually eat the food at chipotle than some money some accountant redlines on a balance sheet somewhere


Good god...if you're going to be a troll, at least be funny. You just seem angry and impotent.
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
14835 posts
Posted on 5/14/18 at 10:07 am to
I'm going to eat Chipotle for lunch.
Posted by More beer please
Member since Feb 2010
45074 posts
Posted on 5/14/18 at 10:09 am to
Good god you couldn’t be more wrong.

If she is claiming a work related injury and carpal tunnel, that’s her WC.

Whether it’s cumulative or acute in nature is a whole different ballgame.
Posted by chinhoyang
Member since Jun 2011
23677 posts
Posted on 5/14/18 at 10:09 am to
quote:

NLRB is going to have a field day with this one.


except for the NLRB has zero to do with workers compensation retaliation claims
Posted by TH03
Mogadishu
Member since Dec 2008
171080 posts
Posted on 5/14/18 at 10:10 am to
From a Sacramento WC attorney.

quote:

However, what if the workplace accident injury and pre-existing condition are intertwined? California law permits employees to seek compensation for aggravation of pre-existing conditions. While the underlying condition itself is not new, the aggravation caused by the accident qualifies the pre-existing condition as a “new” injury for purposes of recovery.


LINK
Posted by lsuhunt555
Teakwood Village Breh
Member since Nov 2008
38416 posts
Posted on 5/14/18 at 10:10 am to
quote:

her bosses at Chipotle declined. Instead, the company destroyed the video evidence

Play stupid games...
Posted by More beer please
Member since Feb 2010
45074 posts
Posted on 5/14/18 at 10:11 am to
That’s every state dude.
Posted by lsupride87
Member since Dec 2007
95951 posts
Posted on 5/14/18 at 10:13 am to
quote:

That’s every state dude.
then cas4t was wrong, dude
This post was edited on 5/14/18 at 10:14 am
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