An employer informs its employees that it will hold a substantial cash prize drawing for each work group at the end of each month in which no employee in the work group sustains a lost-time injury Tyra reports an injury that she sustained while operating a mechanical power press. Tyra did not violate any employer safety rules when she sustained her injury. Tyra's injury requires her to miss work for two days. Her employer cancels the cash prize drawing for that month for Tyra's work group because of Tyra's lost-time injury. Did the employer misuse an incentive program to retaliate against Tyra?

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An employer informs its employees that it will hold a substantial cash prize drawing for each work group at the end of each month in which no employee in the work group sustains a lost-time injury Tyra reports an injury that she sustained while operating a mechanical power press. Tyra did not violate any employer safety rules when she sustained her injury. Tyra's injury requires her to miss work for two days. Her employer cancels the cash prize drawing for that month for Tyra's work group because of Tyra's lost-time injury. Did the employer misuse an incentive program to retaliate against Tyra?

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Answer 1

Yes, the employer misused an incentive program to retaliate against Tyra.

In this scenario, the employer established a cash prize drawing as an incentive program based on the condition that no employee in the work group sustains a lost-time injury. By canceling the cash prize drawing for Tyra's work group solely because Tyra sustained an injury, the employer effectively retaliated against her for reporting the injury. This action discourages employees from reporting injuries, which is a form of retaliation.

The employer's action violates workplace safety regulations and labor laws that protect employees from retaliation for reporting injuries or safety concerns. Employees should feel safe and encouraged to report injuries without fear of retaliation or loss of incentives. The employer should review and revise its incentive programs to ensure they do not discourage reporting of injuries and comply with legal requirements.

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