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  1. #1
    Join Date
    Nov 2012
    Posts
    3

    Default Wrongful Termination While on Workers Comp

    My sympathy deeply and greatly to everyone who has been somewhere busting there butt for someone else, gets hurt, and in my case made to feel like you've done something wrong Really? Thats what Im finding is happening to everyone who gets hurt in this state. Im practically homeless 2 years into my suit, was supposed to be working part time light duty for my employere and getting Partial unemployment when this all started. Well I worked maybe 4 or 5 hours, and the next time I came back to work, my key wouldnt fit the locks, all the office fixtures were gone, and I knew nothing about it... When I called and talked to someone I could hear the in his voice, because they were angry that I hired a lawyer instead of just coming to them. So the company no longer where I live, there gone... All I had at that point that tied me to them was a cell phone. Which they later arranged to pick up, not because I was fired but because someone else needed it. So, they can not do that right? I didnt receive ttd until a good year into it when the dr said I had to have surgery? I thought you got comp right from the get go? Never have I been through a cycle like the one that getting hurt trying to make a living threw at me. I have nothing material to show, no car, no house, cant work because all Ive done my whole life required manual labor and I now have a 50lb weight restriction for life and do good to mow a lawn without hurting, no meds either becuse waiting on court to set up pain management, The pain didnt go away when that dr. released me or what ever with this restriction, and Im not that much better off after surgery which I was afraid of. So now 2 weeks of Unemployment left at an astounding rate of 95 after child support, is what I have to make it until I see one more Dr. to get a rating which has to be set by their side? So its taking forever of course... Im going to stop rambling now.. A brighter future lies ahead, always better things in the distance. Just a guy looking for some advice, resourses, opinions, and here if you wanna throw your story this way and get it off your chest. It helped a little actually, wont pay the bills but Ive read some deprssing stories and guys its not the end of the world until you make that decision and in my opinion its not ours to make. Be strong, dont let em get you down, Your better than that, and them... God Bless you all

  2. #2
    Join Date
    Oct 1971
    Posts
    3,537

    Default Re: What Guidelines Determine Wrongful Termination Due to Workers Comp Case

    What Guidelines Determine Wrongful Termination Due to Workers Comp Case
    Most employment is “at will” meaning that an employee can
    be terminated at any time and for almost any reason.
    Still, there may be situations where a termination is illegal.

    What Makes a Termination "Wrongful"?

    The term "wrongful termination" means that an employer has fired or laid off an employee for illegal reasons in the eyes of the law. Illegal reasons for termination include:

    • Firing in violation of federal and state anti-discrimination laws;
    • Firing as a form of sexual harassment;
    • Firing in violation of oral and written employment agreements;
    • Firing in violation of labor laws, including collective bargaining laws; and
    • Firing in retaliation for the employee's having filed a complaint or claim against the employer.

    Some of these violations carry statutory penalties, while others will result in the employer's payment of damages based on the terminated employee's lost wages and other expenses. Certain wrongful termination cases may raise the possibility that the employer pay punitive damages to the terminated employee, while other cases may carry the prospect of holding more than one wrongdoer responsible for damages.
    http://employment.findlaw.com/losing...on-claims.html


    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  3. #3
    Join Date
    May 2010
    Posts
    359

    Default Re: What Guidelines Determine Wrongful Termination Due to Workers Comp Case

    Now after reading your story, I would say the best thing you did was get a lawyer!!!

    What would they have done without one?...But the locks would have been changed, 2 weeks later, after the Dr. said "the wrong thing"?

  4. #4
    Join Date
    Nov 2012
    Posts
    3

    Default Re: What Guidelines Determine Wrongful Termination Due to Workers Comp Case

    Quote Quoting airdale View Post
    Now after reading your story, I would say the best thing you did was get a lawyer!!!

    What would they have done without one?...But the locks would have been changed, 2 weeks later, after the Dr. said "the wrong thing"?
    I have no clue what they had in mind, but I worked for 3 years and was supervisor when this happened, so I know that they try to slip around paying any kind of benefits even Unemployment. Its pretty sad considering the invoices I would make out after the job. Im new to all this, all I knew before was work to get what you need. Thats not as easy an option now!

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