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? Yes No

Question

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? Yes No

Answer 1

Yes. The employer misused the incentive program to retaliate against Tyra. Tyra did not violate any safety rules, and her injury was not due to negligence on her part. Canceling the cash prize drawing for Tyra's work group solely because of her lost-time injury constitutes retaliation, as it penalizes the entire group for an incident beyond their control.

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