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  1. #1
    Unregistered Guest

    Default Terminated Days After Going Back To Work

    After recovering from a work related back injury I was released with no restrictions from my doc. After 7 days back to work a special meeting was called and I was taken to a office and told that there had been several complaints against me and I would be terminated.
    I have worked at this facility for 9 years and never had a problem until now.
    I think they wanted to get rid of me due to my back fearing it would happen again. Can they do this? What can I do ?

  2. #2
    Unregistered Guest

    Default Re: Terminated after 7 days back to work

    It is against the law for the employer to harass, discharge, refuse to rehire or in any way discriminate against an employee for exercising his or her rights under the Workers' Compensation or Occupational Diseases Acts.
    Such conduct by the employer may give rise to a right to file a separate suit for damages in the Circuit Court.

  3. #3
    Hockeylaw@AOL.Com Guest

    Default Re: Terminated after 7 days back to work

    I always recommend that my clients personally request a copy of their personnel file from their employer, whenever they have an injury/claim of any consequence, before I make my presence known. You have a right to it by law. Reviewing and copying your personnel file helps defeat or prevent later things such as post accident termination actions from taking place, because you have an unadulterated copy of the file to compare to trumped up charges or allegations. Its kind of hard for them to back date stuff when you have a complete copy.

    It is now not as timely to review and copy your personnel file, but it should still be done. I have seen stupid backdated entries, that clearly established they ere made up (like dated prior to a glowing employer review or realting to jobs not assigned when doctored up).

    Check your employee handbook or employment guidelines. The termination process might have been wrongfully carried out. Perhaps the employer has to 1st warn you in a specific manner. Or, the termination process has to be carried out in a step-by-step process, that was not followed. If you are a member of a union, file a grievance or appeal. Also, if no longer under doctor's care, file for unemployment.

    Finally, if you have not already done so, contact an attorney, knowledgeable in workers' compensation law, you may have additional remedies. Good Luck.

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