Forced to resign or be terminated

[Gravedigger71]

New Hampshire: I was employed by the city. I worked for them for almost 11 years. I started as a trash collector but after 2 shoulder injuries was transferred to cemetery department digging graves with shovels. After 3 years digging graves my shoulder became injured again. Due to my Dr not keeping accurate notes my workmans comp claim was denied. Once it was denied and I filed an appeal my employer told my attorney at the time that they did not want me back and I either accepted a, in comparison, small settlement and resign or keep fighting it and get terminated. I should also mention that I was a union worker and my union would not even talk to me let alone help me. Is there anything I can do?

 

[eerelations]

If you signed the small settlement document then that's all you get.

 

[eerelations]

If you signed the small settlement document - and got the settlement - then that's all you get.

 

[Gravedigger71]

If you signed the small settlement document then that's all you get.

The settlement agreement was concerning the last workman comp claim. I know I can't pursue that. My question is there anything I can do about being forced to resign or else I would have been fired. My Dr had cleared me to go back to work prior to them initiating this action. They knew my shoulder was not at full capacity when they put me on a job that would ensure another injury then when I did get injured forced me out. There were many other positions available that I was qualified for and all of my reviews were positive. Their statement for wanting me gone was that I was a liability.

 

[cbg]

How long were you out?

 

[Gravedigger71]

How long were you out?

10 month at the time of the forced resignation but I was cleared 2 go back 2 work after 6 months. It was a third rotator cuff repair surgery.

 

[cbg]

Either way, you were out long enough for any protections to have expired, unless NH has a specific workers comp law that I am not aware of.