terminated

[onam]

I am in california. I filed a claim a year ago. My employer made it very hard to keep my doctors appointments stating I could only go on my own time. So I stopped going and tried to manage the pain myself. I have bilateral carpal tunnel and cubital tunnel. 3 months later I returned to the doctor due to hands swelling and unable to perform duties. I was immediately taken off work. I returned 1 1/2 months later on light duty with the restrictions of typing and writing only 15 minutes per hour. My employer only paid me for 15 minutes[/size][/font] per hour. The IC argued with them and I was taken off again since I drive 200 miles per day to and from work. Shortly after my employer terminated me via mail stating attendance issues. Is this legal since all of my absences were related to my injury. A supervisor stated because on 1 day I called off due to my hands and did not go to the doctor that day since it was a Sunday, the note from Monday did not cover it? Any advice on if I have a wrongful termination suit, since I've had problems with them since the beginning. Thanks in advance.

[1171]

you may also have a basis for a discrimination action as the labor code prohibits retaliatiory action for filing a claim.

[onam]

1171 Wrote:you may also have a basis for a discrimination action as the labor code prohibits retaliatiory action for filing a claim.

Thanks. I was thinking I did have a discrimination case because my sup had problems with me and her sup happened to be a close friend of hers. So I will talk to my lawyer about discromination.

[rholmes]

Hi Onam,


They need to be reported seems everything they have done is illegal. They can't deny you the right to go to the doctor first of all, but it would have been better if you had reported to work and then asked to go to the doctor. But they have been planning this every since you were injuried. And how the heck can they only pay you for 15 minutes? Did w/c pick up the rest of your pay? This is a new one on me is this a small company or a big one? It is so obvious they were harrassing you because you were injuried. You need to go and get help asap.

Good luck

RH

[onam]

rholmes Wrote:Hi Onam,


They need to be reported seems everything they have done is illegal. They can't deny you the right to go to the doctor first of all, but it would have been better if you had reported to work and then asked to go to the doctor. But they have been planning this every since you were injuried. And how the heck can they only pay you for 15 minutes? Did w/c pick up the rest of your pay? This is a new one on me is this a small company or a big one? It is so obvious they were harrassing you because you were injuried. You need to go and get help asap.

Good luck

RH

Hi RH,

Thanks for the reply. This is actually a nationwide insurance company.W/C did continue to pay for tpd but it wasn't my actual pay, I was only getting still 2/3 of my actual income. I had to clock in for 15 minutes and out for 45. W/C even spoke to the sups stating that because of the company there should be something else i could do but they refused to lend me to another department. Mind you right before they terminated me they then advised me I was getting transferred because they felt bad. And as far is the doctor goes w/c sent me to doctor 95 miles from my home supposedly because he was the best hand doctor around. When I went in to work and advised them of my appointments time off was denied. I was told to go on my lunch break and if I was late too many times it would count against me and be an attendance issue, which in the end it did.

[1171]

"132a. It is the declared policy of this state that there should not
be discrimination against workers who are injured in the course and
scope of their employment.
(1) Any employer who discharges, or threatens to discharge, or in
any manner discriminates against any employee because he or she has
filed or made known his or her intention to file a claim for
compensation with his or her employer or an application for
adjudication, or because the employee has received a rating, award,
or settlement, is guilty of a misdemeanor and the employee's
compensation shall be increased by one-half, but in no event more
than ten thousand dollars ($10,000), together with costs and expenses
not in excess of two hundred fifty dollars ($250). Any such
employee shall also be entitled to reinstatement and reimbursement
for lost wages and work benefits caused by the acts of the employer."

here's the form to file
http://www.dir.ca.gov/dwc/FORMS/Applicat...132(A).pdf

[witchinal]

I was terminated 12 weeks after my injury because the Dr. hadn't released me. They said that it fell under FMLA and I they could only keep me on the payroll for 12 weeks. I am in Alabama and have been trying to find info on the legality of what they did but so far I haven't been able to find anything.
I am sorry that it happened to you to.

[chrischris]

witchinal, The FMLA is a federal program to protect your job for up to 12 weeks. Any other job protection program is by individual state. However, most do not have a job protection program with workers comp. They do not have to keep you employed, unless you have a union contract that states otherwise, or you have other types of leave that you can use such as sick leave or vacation leave. Your WC benefits continue thru the insurance carrier if you are not released to return to work. You might call your State's ombudsman to ask specific questions. 1-800-528-5166

Onam: You'd think an I/C would know better. Tsk Tsk! I also live in California and many of the I/C clerical positions are now telecommuting positions, at least part of the time. I don't understand why you have to travel so far to work, and to the doctor. Your doctor visits alone would be an all day event.

Good luck to you.

[frustratediw]

Onam you need to not only have your attorney pursue the 132a and you also need to file a complaint with DFEH.

[onam]

[quote=chrischris]
witchinal, The FMLA is a federal program to protect your job for up to 12 weeks. Any other job protection program is by individual state. However, most do not have a job protection program with workers comp. They do not have to keep you employed, unless you have a union contract that states otherwise, or you have other types of leave that you can use such as sick leave or vacation leave. Your WC benefits continue thru the insurance carrier if you are not released to return to work. You might call your State's ombudsman to ask specific questions. 1-800-528-5166

Onam: You'd think an I/C would know better. Tsk Tsk! I also live in California and many of the I/C clerical positions are now telecommuting positions, at least part of the time. I don't understand why you have to travel so far to work, and to the doctor. Your doctor visits alone would be an all day event.

Good luck to you.

There are two offices within 10-15 miles from my home I was actually in the process of transferring to one of them as a supervisor but they terminated me before my training began and the office was opened.