Employment Terminated after filing WC Claim

[jess805]

What is the name of your state? California

I was injured on the job three weeks ago. I suffered a badly crushed right hand by a 17' monitor, when trying to lift it from my work bench. I'm the Network Administrator for this company and my right hand is my lifeline. I was employed with this company 8 1/2 months.

The comp doc sent me home for the day and gave me work restrictions. I was to return to work the next day; needless to say I was in a lot of pain. I called into work and informed them, I was unable to work that day. The HR manager told me if I was still in a lot of pain let the doctor know and take the rest of the week off. That's what I did.

I returned to work with work on light duty, no use of my right hand. I was not given light duty and had to use my left hand to perform my regular job duties,at the end of the day, I was called into my supervisors office and was told "your job is in jeopardy it's not due to your performance." "It's due to budget problems." "If you can build a central database, this would be your saving grace." "You need to get started on this tomorrow."

My hand is still swollen; I’m going to therapy three times a week. Last week, I received a phone call from HR and she said, "You need to let us know when you are going to be 100%." I replied, "I'm not a doctor therefore I don't know." "you need to let us know, in writing!" I replied, I will have a doctor put it in writing.

I went to the comp doctor and informed him, my employer is not compiling with my work restrictions.The doctor put me on TD for 9 days, referred me to an orthopedic, and on the 8th day I received a certified letter from my employer, stating I was terminated.

Help what are my rights?

I give thanks to my friend for being so patient and writing this for me.

Jess805

 

[Beth3]

Jess, I'm not familiar with CA WC reg's in particular but I think it's quite likely your employer acted unlawfully. I think you should consult with a WC attorney right away.

 

[pikkie]

Jess

Yes, you do need to speak with an attorney and also call the labor board in your area they can help you with any w/c issues you have.Good luck

 

[jess805]

Thank you for your input, I will do so. I'll stop back in and let you all know what happens.


Once again thank you.

 

[jess805]

Update

I have a attorney whom is representing me for my injury "only". I asked him if we were going to file 132A (discrimination) against the employer and my attorney only wants to represent me for the injury I sustained.

My question is: Do I have a unlawful termination case?

Also, I've received calls from my ex-employer on 4 different occasions, asking me for passwords. I told them they are all documented in the manuals I compiled. Is this legal if they keep calling me? Frankly, I don't ever want to speak with them again, I want to move forward and it’s making things very difficult on me. They called today because they hired someone new and they wanted the passwords to the Cisco Switches I installed last year. What can I do to stop this?

Best Regards and thank you in advance.

 

[Lisabyday]

I am not familiar with California laws; however, if an employer does not have light duty work they are usually not obligated to create a position. If the company terminated your employment solely because you filed a work comp claim then you have a case for unlawful termination. However, if the employer fired you because you could no longer perform your job and there was no light duty work available for you - then they are within their rights. It sucks I know but true.

 

[jess805]

I know of three individuals at my old job whom were on WC and out for an average of 3 1/2 months at a time. All three had a job when they returned to work.

 

[Lisabyday]

Unfortunately every situation has to be looked at based on its merits. Best advise anyone can give you is to get a good attorney as soon as you can.

 

[jess805]

Thank you for your input.

 

[mike2000]

undefined

I have a attorney whom is representing me for my injury "only". I asked him if we were going to file 132A (discrimination) against the employer and my attorney only wants to represent me for the injury I sustained.

My question is: Do I have a unlawful termination case?

Also, I've received calls from my ex-employer on 4 different occasions, asking me for passwords. I told them they are all documented in the manuals I compiled. Is this legal if they keep calling me? Frankly, I don't ever want to speak with them again, I want to move forward and it’s making things very difficult on me. They called today because they hired someone new and they wanted the passwords to the Cisco Switches I installed last year. What can I do to stop this?

Best Regards and thank you in advance.

i would consult a good lawyer but i would consider the phone calls as harrassment as the company fired you.although i would consult a lawyer first before i did anything but i would think since you are no longer employed by them why are they calling. ask the lawyer maybe you could send them a bill for your advice but be careful not to mess up you workmans comp.before i did any of this i would consult a lawyer they could answer your question the best.i am not a lawyer

 

[gbarter]

You do not have to answer any questions concerning your old job they FIRED you. Its not your job to help them. I would not answer any questions. Get an answer machine and screen your calls and don't call them back. They didn't do you any favors why do some for them.
Most worker comp state laws say they can not let you go for 18 months and if you have not returned to work by then, then and only then can they let you go for undo stress on a company for holding your job longer than 18 months. I actually believe this is true for every state. You need to contact the State Dept. of Labor and talk to someone about your case. They are usually very helpful. Dept. of Labor always has a special sub department handling workers comp cases. If you go back to work within 18 months they have to give your old job back. You definitely have a case here.!!

 

[jess805]

Thank you both for your input and I'm not taking calls from them anymore. These people enjoyed ruling by intimidation and they can't do this to me anymore.

I'm in the process of searching for a competent attorney. I'll keep you all updated.

Once again thank you.

 

[kappae33]

Get in touch with a labor Att. I don't believe that you were not performing your job because the employer would not be calling you for info. I believe you have a case and a good tuff Att. would be your best bet. It cost you nothing for an appt to discuss this matter.

 

[jess805]

Update

First, I just want to thank all of you for your input and help.

I'm scheduled to have surgery next month on my wrist and elbow.

After and exhausting effort, I finally found an attorney whom specializes in cases of unlawful termination and disability discrimination against non-profit organizations. He has a very successful track record and is very confident in the merit of my case.

Once again I thank you all...

 

[Beth3]

I'm not seeing any disability discrimination here. Absent a CA State law with a more limiting definition, a disability under the ADA is a permanent or chronic medical conditon which "seriously impairs a major life function." Temporary conditions do not meet the criteria. Of course a disability can also be established if the employer perceives someone as being disabled but I think that may be a real stretch.

The employer calling you asking for passwords and other information is not harassment. You have no obligation to take their calls however.

jess, it does appear you have a claim for wrongful termination under CA's worker's compensation statutes.