Hello everyone, my name is Jerry. This is going to rather long , Sorry , but want to explain fully.
I got injured at work on October 26th. Right foot. Dr. says either a severe sprain, also could possibly be a tear. Been on TTD for one month. Restrictions were no lifting more than 5 pounds etc. Employer said could not work me with these restrictions.
Last Monday the 23rd, Dr. raised restrictions to lifting up to 20lbs, but still no ladders, using come alongs, wheelbarrows etc. Also started physical therapy same day. By the way my Boss is EXTREMELY rude and a JERK. Don't mean to say that but it is what it is, He is also the kind of a guy that will actually do something un purpose just to get you mad, and even tell others he is going to do it.
There is only myself, boss, and 2 other workers at this company, Small company. Also just to let you know before I go on, while on workers comp. I have texted him after every Dr. Appointment which are on Mondays, and he always gets rude to me, , Like, just 2 days after injury says to me by text " Surely your foot must be better by now", , (by the way I have all of these texts saved) , " Foot all better now", ". Lot of work right now" one week later " Foot has gotta be better by now ain't it"? " Im assuming it will be better Monday" . "And back to work." ( Im feeling pressured now)
Now here it is November 9th and I asked him If I had to fill out some papers that he had, which he mentioned to me the second day after injury, his reply " I have a paper but you don't have to fill anything out. Just been waiting to turn in because its just a sprain. Should be better soon" I said to him I hate to bring this up but I am needing some sort of workers compensation checks. His reply ," Takes Time, They have to investigate it.
I'm sure you know all this since you have claimed it a few times. Also its not a lot since you basically work part time. Talk to you when I know more. " Than he stopped talking with me for several days, would not answer my texts.
Than on November 23rd I went to Dr. and texted boss about what Dr. said at this visit about still on restrictive duty, and if not much better in 2 weeks will need to see specialist. And also Dr. moved picking up weight on the job from 5 pounds to 20 pounds. His comment was , " Only you Jerry, Only You." I said to him only me what, and just wondering what you meant by that, he would not respond back.
Nest day 24th does not call me or nothing just sends a text, " We are working tomorrow, Need you to pick up the work truck at 6:30 and head to stonecrest . grab the buggy trailor also. make sure you confirm this message right away. If not it will mess up ,plans for tomorrow".
Now keep in mind that my boss knows that I do not drive his company truck and trailor and knows I don't like to drive company trucks and towing trailors.
Also when I talked with the Dr. the day before and he was asking me what my duties were at work I never mentioned driving a 1 ton truck while towing a trailor with a tractor, which could have affected my restrictions because of having to apply brakes harder with bad foot because of weight towing and what if needed to apply brakes in an instance.
Also I have been driving for 32 years and applying brakes with right foot, instinct is to use right foot. Just thought I would mention this because Dr. did not know this was a duty of mine and neither did I , I have never driven his work trucks.
We just all meet at jobsite, which could be different every day. Also he has somebody who has been working with him for 10 years who drives the work truck. I know he did this on purpose. Anyways, I replied to him, " Just got your message , sorry, I am not much of a truck and trailer driver , But I can try. I right than wanted to find out if this was something that I had to do, so the next day I made a decision that I was going to call the Labor Standards here in Missouri and see if I had to do this, seeing that I was hired as a concrete finisher. Anyways I agreed to do it for the time being.
Next morning 6:15 a.m. on my way to work, this is what I texted my Boss " Hello Tom, I am on my way in. I just want to let you know that I am willing to come to work and work the best that I can. Me driving your company truck today and hauling your trailer is not something that I want to do or that I am agreeing to do because I want to, I feel as though you are making me do it.
I am going to find out today if I have to or not. I was hired as a concrete finisher, and that is my job title. Driving a company vehicle is not in my description and is something I never agreed to do as part of my job. I want to let you know because I have to and it is my responsibility to let you know that I have a prescription of tramadol that I take for pain.
I am NOT saying that I can not drive on it but if I am driving your truck today I want to let you know that. Also, if I have to break quickly I have been driving with my right foot all my life, and my reaction after 34 years of driving will continue to be that way and this is my bad foot that I hurt on the job.
I just want to give you a heads up in all fairness. See you in a bit, Jerry. I also don't feel comfortable driving a work truck especially when towing a trailer."
Now I have let SEVERAL people read this and I asked what they thought of it, even a couple lawyers, I never once said that I WOULD NOT drive his truck, in fact because I agreed to the day before I said to him that " Me driving ( which implies that I am going to) your company truck today and hauling your trailer is not something that I want to do or that I am agreeing to do because I want to( want him to understand that just because I am agreeing to does not mean that I want to, just in case I find out that I don't have to. )
Also I am letting him know that I am concerned to drive it while being injured and that " I am NOT saying that I cant but If I am driving your truck today, ( again here letting him know and implying that I am going to be driving his truck),
Anyways, 10 minutes after this text and 60 seconds from work he calls me and tells me to go home and that he has no work for me today.
After a short conversation where I did not say anything rude at all, conversation ended and I texted him on my way home so I can get on some sort of record what just took place, I said to him, " Tom, I am sorry that you have decided not to work me today. I know that we just talked on the phone and this was your decision to send me back home.
I was 2 minutes away from work, and you told me to go home, that you have no work for me today.
This may sound redundant, but I have to do what is best interest of myself to protect my integrity. Again sorry that you feel that way, if you want me to work in the future let me know, Jerry.
No comment from him. 3 hours later he said to me " Remember I NEVER said I would not drive his truck, just said I don't want to. But I will if I have to.
I am going to have to terminate your position because I can't have you telling me your terms of when you're gonna work and that you're not gonna pick up the pickup truck from the shop that I mean I need you to do it you tell me you're gonna do it 2 days and that's it you're not going to do that I can't have this anymore.
Notice here he says something about " cant have me telling him my terms of when I am going to work" this what never brought up or said at all.
And he says in one sentence " youre not gonna pick up the truck from the shop," which I never once said that, I have text to prove otherwise,
" and in the next sentence he says " Im gonna do it for 2 days and thats it," which I never said anything about 2 days, which again I have a text to prove it.
, also he is now saying in this sentence that I did agree to pick it up. And than at the end says , " cant have this anymore" implying that this has happened before.
Which he has never asked me to drive his truck before. Well that's it, Sorry so long, just had to explain it all.
What do you think? Tell me that he cant get away with this. Also , they stopped paying me TTD. Jerry, He says he fired me for being insubordinate , I don't see any insubordinate at all.