Wrogeful Termination

[f14keo1950]

Colorado
I was employed for 9 years at a housekeeping company, i was asked to take a physical therapy test after a fall i had. I was still in pain when i took the test, and failed because i could not complete one of the tests. I was told by my employer that i would have to take another test in 30 days, and if i passed the test i could come back to work. I was told also that i would have to pay for the test. I informed my employer that i could not afford to pay for the test, and she told me that' s my problem, and i would have to find a way to pay for it. She told me when i have the money, that she would make an appointment for the test. So since i did not have the money, she terminated me in a letter she sent me. Do i have a case?

 

[adjusterjack]

No.

File for unemployment.

 

[Zigner]

No.

File for unemployment.

Not to say you're wrong...
But I'd be a bit interested in finding out where this fall occurred. Was the OP on the clock?

 

[cbg]

...and how much worked had been missed as a result of it.

 

[adjusterjack]

Not to say you're wrong...
But I'd be a bit interested in finding out where this fall occurred. Was the OP on the clock?

I should have asked. The insurance man in me was asleep.

 

[quincy]

Colorado
I was employed for 9 years at a housekeeping company, i was asked to take a physical therapy test after a fall i had. I was still in pain when i took the test, and failed because i could not complete one of the tests. I was told by my employer that i would have to take another test in 30 days, and if i passed the test i could come back to work. I was told also that i would have to pay for the test. I informed my employer that i could not afford to pay for the test, and she told me that' s my problem, and i would have to find a way to pay for it. She told me when i have the money, that she would make an appointment for the test. So since i did not have the money, she terminated me in a letter she sent me. Do i have a case?

f14keo1950, more information is needed - about your job and injury - for anyone to tell you what courses of action you can take. Thanks.

 

[latigo]

Colorado
I was employed for 9 years at a housekeeping company, i was asked to take a physical therapy test after a fall i had. I was still in pain when i took the test, and failed because i could not complete one of the tests. I was told by my employer that i would have to take another test in 30 days, and if i passed the test i could come back to work. I was told also that i would have to pay for the test. I informed my employer that i could not afford to pay for the test, and she told me that' s my problem, and i would have to find a way to pay for it. She told me when i have the money, that she would make an appointment for the test. So since i did not have the money, she terminated me in a letter she sent me. Do i have a case?

Your situation is not one of wrongful termination.

You were let go because the employer determined that you were not physically capable and/or suitable of performing the physical labor called for by the job description. A fact which you freely admit; to-wit: "I could not complete one of the tests."

To say that you were wrongfully terminated would be the same as saying that anyone that applied for the job and couldn't complete one of the tests was wrongfully denied employment. Anyway, you have no legal recourse (case) against your employer because she terminated you.

HOWEVER, of concern here is the reason why you couldn't complete one of the tests. Apparently you were capable of performing the tasks required of you up to the time of your fall. If the fall was work related, you may be entitled to benefits under Colorado's workers' compensation laws. For information you can contact the following offices:

Colorado Department of Labor and Employment
Division of Workers’ Compensation
Bob Summers, Director
633 17th Street, Suite 400
Denver, CO 80202
(303) 318-8700 (303) 318-8700 or 1-888-390-7936 1-888-390-7936
(Contact: JoAnne Allen Ibarra)

Good luck

 

[ecmst12]

If the fall was on the job, OP should not have been required to pay for any evaluations related to treatment or return to duty.

 

[latigo]

If the fall was on the job, OP should not have been required to pay for any evaluations related to treatment or return to duty.(?)

Need it be mentioned that the OP hasn't been asked to do anything. Nor to our knowledge has she undergone any "treatment". Her complaint is that the employer refuses to pay for a second physical test. Not that the employer is demanding that she take it or pay for it!

If you think that the employer is under any legal obligation with respect to the OP's physical condition, medical care, treatment, diagnosis, etc., short of a w/c claim having been filed and it is determined or conceded that her disability is work related, then kindly explain.