On July 22, 2015, New York Attorney General Eric T. Schneiderman announced
a $46,000 settlement with C&S Wholesale Grocers, Inc. (C&S), the
nation's largest wholesale grocery supply company, with warehouses
all over the nation.
The settlement stems from an investigation by the Attorney General's
Office into the company's policy for firing employees who were injured
in a "preventable accident" during their initial 90-day probationary period.
Schneiderman said that employees who are injured on the job deserve medical
care and workers' compensation benefits – not pink slips. He
went on to say that employers cannot establish policies that dissuade
workers from reporting their injuries and receiving the care and support
they're entitled to.
Under C&S's written policy, if a probationary employee got hurt,
they would be terminated. The catch, New York's
workers' compensation law, N.Y. WKC. Law § 120, prohibits employers from firing or retaliating
against workers who seek
workers' comp benefits for their injuries.
The C&S policy was in clear violation of New York law, especially because
it dissuaded workers from reporting their injuries and filing claims.
The Attorney General's Office was alerted of the grocery wholesaler's
policy after a worker was terminated by C&S after being injured on the job.
In July 2013, the Appellate Division upheld the Workers' Compensation
Board's decision that C&S's policy broke the law because it
dissuaded probationary employees from reporting their injuries and filing
workers' compensation claims.
The investigation revealed that as recent as 2013, C&S continued the
practice of issuing written reprimands to employees who were injured,
warning them that future incidents (injuries) would result in disciplinary
actions, which could include termination.
Under the settlement, C&S was required to change its policy and to
train all supervisors and employees on their right to workers' comp
benefits, without fear of retaliation.
New York City Workers' Compensation Attorney
If you have been injured on the job, it's critical that your rights
be fully protected. Contact Katz, Leidman, Freund & Herman to take
advantage of our
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