no layoff slip?no low earnings slip?not working?unable to quit???legal advice please!!!!!?
Asked by Alex N
My husband was working as an underground coal miner and has diabetes.He had to be admitted into the hospital episode at work. After being in the hospital for a week, he went back to work only to find he had a staph infection from the IV. Now His dr said he could return to work if he was able to do a desk job for a week.The employer has never returned him underground and we have taken a large paycut.Then at the beginning of the year he decided to use one of his sick days and upon return to work it turned out several others also did and there was a collapse in the mines.So he was suspended from work for a week.In that time He requested a transfer to another mine and they have had him in limbo for 2 weeks going on 3.They called him in to give him a drug test and bully him. They have denied the transfer Now a week later they will not answer the calls and when they do they say he has to wait until his test results come back. He signed a contract to work 3 yrs or they could charge us.Help?

Best Answer:
My best advice is to go to the Fair Housing and Labor Board site for your state. I think Ive seen specific laws for coal miners.None of what you are saying sounds legal, espcially his contract to work for 3 yrs or 'they could charge you'. Despite what many may think, companies do end up putting things in thier contract that are actually agaisnt the law. They just see what they can get away with. The big pay cut doesnt make sense to me either. Good luck.

While I'm not familiar with the laws pertaining to coal mining, labor law stipulates terms that can be used for employment contracts. You should check with the labor board for your area for resources that can help you through this mess. Unfortunately an employer can cut his wages if he is transfered to a different position that pays less than what he was doing for the duration of the modified duty. But if he has been released to full duty and can return to his regular job without restrictions or reasonable accommodations and there is work for him then they should not keep him from his work. I'm sure there is a union representative for the coal miners, or a board that controls the working conditions for the miners that can assist you with what is legal and what is not. The drug testing and making him wait for the results may be legal if it is spelled out as a olicy in his employee handbook or union contract. Typically the wait for drug results is 2 - 3 business days. And to have someone off of work until the results come back is very typical. Good luck!
Answered by hr4me

You can find some good information and home remedies at this website http://ailments.in/diabetes.html
Answered by Karunya

The 3 year contract makes me suspect that he works for Massey, right? If so, e-mail me. I may not have much legal advise, but I can be there for moral support. Best Wishes!
Answered by Josi