Got fired because of potential injury at work? Need your input.

[chicagoboyrn]

What is the name of your state (only U.S. law)? IL

I posted my resume online and a major job agency called me for a potential work (2 year contract) assignment for a MAJOR product and marketing industry close to my home. Job agency tested my skills (typing speed, 10-key) and passed with flying colors. Passed the interview too. I wear a leg brace and had to use one crutches due to a hairline fracture.

I started working for this company in early September of this year, full time. I worked as a data entry operator - entering orders from consumers. From start to finish, it has been a very busy day, specially with holidays a lot of people order for gifts.

Late last week, my job agency sent me an email (could not get a hold of me through the phone) not to report the following day. The reason - the workload has decreased!

Tonight, i saw a co-worker of mine from that company in the mall. She was wondering what had happened to me. She also said that there are a lot of work to do and that i am the only one missing from the bunch. This job agency exclusively provides workers for this company. There were 4 of us who started at the same day.

Something she said that got me wonder. Maybe i was let go because of a potential injury that might occur at work since i am using a crutch and wear leg brace. If i get injured at work, perhaps i may sue them.

But isn't this a job discrimination? My boss said, i performed my job exceptionally well.

What's your input, advice on this situation. Truly appreciate your time reading this matter.

 

[adjusterjack]

Maybe i was let go because of a potential injury that might occur at work since i am using a crutch and wear leg brace. If i get injured at work, perhaps i may sue them.

It wouldn't be a lawsuit that they would be concerned with because you'd be covered by workers compensation insurance.

What the employer might be concerned with is the impact on his insurance if you got injured.

But isn't this a job discrimination?

It might be discrimination due to a disability which is potentially illegal. But you'd have to prove it.

Would your former co-worker be willing to testify that somebody lied about the reduction in work?

Either way, you would first have to file a complaint with the EEOC and have your allegations investigated by the EEOC.

 

[chicagoboyrn]

It wouldn't be a lawsuit that they would be concerned with because you'd be covered by workers compensation insurance.

What the employer might be concerned with is the impact on his insurance if you got injured.



It might be discrimination due to a disability which is potentially illegal. But you'd have to prove it.

Would your former co-worker be willing to testify that somebody lied about the reduction in work?

Either way, you would first have to file a complaint with the EEOC and have your allegations investigated by the EEOC.

I wonder if being hired through a job agency includes worker's compensation insurance. They don't even pay time and a half during holidays! But thanks for your input. Certainly makes sense.

 

[adjusterjack]

I wonder if being hired through a job agency includes worker's compensation insurance.

Are you paid by the agency (like as a temp) or were you put on the payroll of the client?

If you are on the agencies payroll you'd be covered by WC of the agency so a WC claim wouldn't matter to the client.

Although the agency might have a contract with the client where the client carries the temps on it's own policy.

They don't even pay time and a half during holidays!

They don't have to.

What they have to pay for is overtime unless you are exempt from overtime. If you are curious about that just google "exempt vs non-exempt."

 

[chicagoboyrn]

I'm paid by the agency.

 

[adjusterjack]

I'm paid by the agency.

Then I have no clue as to what happened.

 

[ecmst12]

You have no evidence only speculation. Maybe they just didn't like you or think you didn't do a good job. This happens a lot when working for a temp agency. They will just let people go without notice or reason. The workload may still be high but their budget may have decreased.