Public Mediation

GreenPro spray&lawn-Dispute-#1131684

C. A. vs. Greenpro Spray & Lawn
7911 E. Bigelow Gulch Rd., Spokane, Washington, 99217, United States
Amount Involved: $23,500.00
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Greenpro Spray & Lawn
    • Claimant Seeks: View.
    • Claim #: 1131684
    • Amount Involved: 23,500.00
    • Filed On: Dec 05, 2012
    • Posted On: Dec 16, 2012
    • Complaint(s):
      • Discrimination
      • Equal employment rights violation
      • Damage to reputation
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Statement of Claim
Complaints Involved (11) - View
Claimant says:
"As of 04-09-2012 my problems with Green Pro escalated. I was injured badly on that date. My right arm was crushed due to employers carelessness. He put me in a position to try to lift the chipper off of the truck that was stuck in mud. With three grown men jumping up and down on the back of the chipper while I was trying to lift up the front. It came up off of the tow hitch with such force that it completely crushed my right arm. I had immediate surgery to correct the injury and to date am still not back to full strength. My employer has been fighting me every step since the date of my injury. After I had surgery Ryan Turner called me at home and requested that I come back and overlook my crew because they didn't really know what they were doing. I stated that I hadn't had time to heal and still had staples from surgery. And he then stated that he would make sure that I didn't reinjure myself. All I had to do was stand and watch the crew and make sure they were doing what needed to be done and done right. So I had my Dr. release me to help him out. I went out of my way to try and work this out with him. But when I got to work he told me that if I wanted to go with the crew I would have to use my personnal vehicle and pay for my own fuel and he knew I was heavily medicated and driving a stick shift which hurt my arm badly when I drove, but that didn't seem to matter to him. And then after being back for a few days he stated that he wanted me to start cleaning up after the crews prune job. I stated to him how could I do that with my hurt right arm. He said I still had my left. While compensating for my right arm, I was using my left arm more and messed up the left side of my neck, lower back, and my arm as well.
And as a result of my injury my pruning crew had fallen considerably behind. The crew was working up to 6 days a week and up to 120 hours to compensate for my absence. They were excited because of all of the overtime. And then Ryan stated that he didn't have to pay overtime wages because he fell under some kind of exemplarary criteria. That is when he started doing this thing called banked hours. Where if the employee had any hours over 80 for the work period he banked the remaining hours to add to the hours of the weeks when we didn't work 80 hours. He also takes 5 dollars from us if we forget to clock in or out because of him having to go in and fix it which is his job in the first place. I assumed. He requires us to be at the shop 15 minutes prior to our scheduled shift so we can get prepared for the day and be out of the gate before the top of the hour and this is stated in our employee hiring packet that we get at orientation.At the end of every week he goes into his computer in his office and alters time and takes all of our all of our extra time and rounds up to the hour and pays us then. When we asked him why he does this all he could say was if we didn't like it we could find another job. I have all the documentation needed and have filed a claim against him with L&I as well as unemployment.On or around the week of 8-18-2012 he wanted me to run a mow crew. I stated to him that I couldn't run any equipment that vibrated because it would decrease the strength of my right arm. He got very upset and told me that he couldn't keep paying me my normal wages if I had to keep doing what I was doing. So he told me to go home and go to the Dr. and find out exactly what my limitations were and then come see him. Which I did and at that time was put back on time loss. And the he went and told L&I that he offered me a light duty position and I refused it. Which he did not. I have statements from employees that were witness to this. So therefor I got an over payment from L&I. I disputed it and the decision was in my favor .During the time I was on time loss he had contacted somebody to okay a light duty job for me while I was on time loss that started 11-8-2012. But I was told by the general manager Ken Kelly that when I showed up to do the light duty job that I was not to speak to anyone else and to sit at the desk and pretty much not move. And the office was under voice recorder. The only place I was allowed to go outside of the office was to the bathroom. Or my lunch. This to me seemed wrong because they had the desk in a corner facing the wall like I was a little kid and it insulted my intelligence a little bit to be honest. And I felt that the only reason that he was doing this is to keep his insurance from going up so I decided to talk to my Dr. to help him out and get released early. The Dr. released me so I could do snow removal and to get off of time loss and get back on the pay roll. I brought the release form to my employer. There was a meeting scheduled for the 11th of Nov. 2012 with my employer, my vocational counselor, my wife and myself to discuss the type of work that was available for me at the time. But at the time of the meeting it had snowed in Spokane and he said everybody
laid off and there wasn't any positions available in the snow removal but when something came up he would call me. That has been almost 3 weeks ago and we discussed at that time about going on unemployment until more work was available. So I filed my claim with unemployment. Because there wasn't any positions available at the time. After I got that going and they contacted my boss for verification he then told them I had quit. I don't understand why he would do this when we had that meeting and there was several people there besides me that heard what was said. I don't know why he would lie unless it's out of spite for me filing a claim against him. It is my understanding that an employer is supposed to be there to help you get back to work and get better. Not hinder the recovery. And because of him doing this unemployment says I have an over payment around 600 dollars. And I did not quit I am just waiting for a position to open up so I can work.
He has decided to fight me every step of the way and I don't quite understand why. I have been a loyal employee to him for 4 seasons. I don't deserve to be treated like this and think something needs to be done before he keeps getting away with it. He intimidates his employees with their job security and that's not right either."
...
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Additional Communication Between Claimant and Greenpro Spray & Lawn Hide
  • Dec 08, 2012, Claiming party added:

  • As of 04-09-2012 my problems with Green Pro escalated. I was injured badly on that date. My right arm was crushed due to employers carelessness. He put me in a position to try to lift the chipper off of the truck that was stuck in mud. With three grown men jumping up and down on the back of the chip per while I was trying to lift up the front. It came up off of the tow hitch with such force that it completely crushed my right arm. I had immediate surgery to correct the injury and to date am still not back to full strength. My employer has been fighting me every step since the date of my injury. After I had surgery Ryan Turner called me at home and requested that I come back and overlook my crew because they didn't really know what they were doing. I stated that I hadn't had time to heal and still had staples from surgery. And he then stated that he would make sure that I didn't reinjure myself. All I had to do was stand and watch the crew and make sure they were doing what needed to be done and done right. So I had my Dr. release me to help him out. I went out of my way to try and work this out with him. But when I got to work he told me that if I wanted to go with the crew I would have to use my personnal vehicle and pay for my own fuel and he knew I was heavily medicated and driving a stick shift which hurt my arm badly when I drove, but that didn't seem to matter to him. And then after being back for a few days he stated that he wanted me to start cleaning up after the crews prune job. I stated to him how could I do that with my hurt right arm. He said I still had my left. While compensating for my right arm, I was using my left arm more and messed up the left side of my neck, lower back, and my arm as well. And as a result of my injury my pruning crew had fallen considerably behind. The crew was working up to 6 days a week and up to 120 hours to compensate for my absence. They were excited because of all of the overtime. And then Ryan stated that he didn't have to pay overtime wages because he fell under some kind of exemplarary criteria. That is when he started doing this thing called banked hours. Where if the employee had any hours over 80 for the work period he banked the remaining hours to add to the hours of the weeks when we didn't work 80 hours. He also takes 5 dollars from us if we forget to clock in or out because of him having to go in and fix it which is his job in the first place. I assumed. He requires us to be at the shop 15 minutes prior to our scheduled shift so we can get prepared for the day and be out of the gate before the top of the hour and this is stated in our employee hiring packet that we get at orientation.At the end of every week he goes into his computer in his office and alters time and takes all of our all of our extra time and rounds up to the hour and pays us then. When we asked him why he does this all he could say was if we didn't like it we could find another job. I have all the documentation needed and have filed a claim against him with L&I as well as unemployment.On or around the week of 8-18-2012 he wanted me to run a mow crew. I stated to him that I couldn't run any equipment that vibrated because it would decrease the strength of my right arm. He got very upset and told me that he couldn't keep paying me my normal wages if I had to keep doing what I was doing. So he told me to go home and go to the Dr. and find out exactly what my limitations were and then come see him. Which I did and at that time was put back on time loss. And the he went and told L&I that he offered me a light duty position and I refused it. Which he did not. I have statements from employees that were witness to this. So therefor I got an over payment from L&I. I disputed it and the decision was in my favor .During the time I was on time loss he had contacted somebody to okay a light duty job for me while I was on time loss that started 11-8-2012. But I was told by the general manager Ken Kelly that when I showed up to do the light duty job that I was not to speak to anyone else and to sit at the desk and pretty much not move. And the office was under voice recorder. The only place I was allowed to go outside of the office was to the bathroom. Or my lunch. This to me seemed wrong because they had the desk in a corner facing the wall like I was a little kid and it insulted my intelligence a little bit to be honest. And I felt that the only reason that he was doing this is to keep his insurance from going up so I decided to talk to my Dr. to help him out and get released early. The Dr. released me so I could do snow removal and to get off of time loss and get back on the pay roll. I brought the release form to my employer. There was a meeting scheduled for the 11th of Nov. 2012 with my employer, my vocational counselor, my wife and myself to discuss the type of work that was available for me at the time. But at the time of the meeting it had snowed in Spokane and he said everybody laid off and there wasn't any positions available in the snow removal but when something came up he would call me. That has been almost 3 weeks ago and we discussed at that time about going on unemployment until more work was available. So I filed my claim with unemployment. Because there wasn't any positions available at the time. After I got that going and they contacted my boss for verification he then told them I had quit. I don't understand why he would do this when we had that meeting and there was several people there besides me that heard what was said. I don't know why he would lie unless it's out of spite for me filing a claim against him. It is my understanding that an employer is supposed to be there to help you get back to work and get better. Not hinder the recovery. And because of him doing this unemployment says I have an over payment around 600 dollars. And I did not quit I am just waiting for a position to open up so I can work. He has decided to fight me every step of the way and I don't quite understand why. I have been a loyal employee to him for 4 seasons. I don't deserve to be treated like this and think something needs to be done before he keeps getting away with it. He intimidates his employees with their job security and that's not right either. « Show less

What Claimant Wants Hide
1. Compensation: lost wages Dec 10, 2012 $1,500.00
2. Damages: my arm Dec 10, 2012 $20,000.00
3. Pay me for my time: hours worked Dec 10, 2012 $2,000.00
Cash total : $23,500.00
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with no explanation. This claim will remain posted until resolved.
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  • Comment: by Jennifer Sheehy — Online mediator
    • On: 12-22-2012
    View more
  • First, you should make sure you follow the proper administrative steps in attempting to receive unemployment. If you were denied initially, there are steps that you can follow to appeal that decision and request hearings, and possibly a court action. Second, in this situation, based on the history, you should talk to an attorney that specializes in employment issues. An initial consultation could definitely benefit you to explore your rights and potentially remedies for your situation.
  • Comment: by Yvette Cave — Online mediator
    • On: 12-21-2012
    View more
  • It seems like you've taken the right steps in filing a claim with L
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