Question for katicabogar (Kate) of WA state

[angleye]

Hello Kate:

I left a question for you on my last thread a few days back, but my guess is you didn't have a chance to see it. Here are the things I need to know at the moment.

If my employment is terminated when my FMLA expires in about a month, will I have any legal recourse against the employer or W/C?

Do you think I should hire an attorney now even if I'm still getting W/C checks every two weeks and I'll be attending PT for the next 30 days? The dilemma I have is: What if I'm wrong about my employer's intentions of firing me and they find out that I've hired an attorney? That might put me in an awkward position. Also, I'll get another IME by the same W/C doctor in a couple of months or so, but I won't anticipate any thing good.

Do you have any suggestion on finding a good W/C attorney in WA? I don't trust those who advertise on TV, On-line, Yellow pages, etc. It would never hurt to have a good attorney's contact info handy.

Thanks.
Al

[katicabogar]

Hi, Angleye,

Sorry, I was busy, didn't have a chance to go online.
Regarding your questions:

If your employer choses to fire you after your fmla expires, it is within their legal rights in WA state.

Your other question regarding attorney:

It is my opinion at least to consult one, even if you don't hire one yet. I mentioned before, I chose to go without attorney for two years and because I din't understand the whole w/c process and my rights, I was abused by my employer and finally was fired. W/c also took advantage of me going without attorney, because they are denying all medical care since 2006, although my hands hurt more than ever. Their excuse; since I stopped working, my hand problems can't be work related.

I don't know where you live, but if you are in the Seattle area, maybe I can give you one or two names. My attorney is my second, the first one was recommended by a friend, but I could never reach him, so I fired him after one month. The one what I have now, at least I can communicate with them via e-mail and have my questions answered. Sometimes I get upset with them, but my case is very complicated and it is not their fault. I know I am glad I am represented because without them I would be just a history with w/c.

Take care and good luck.

Kate

[angleye]

Thanks for your response, Kate. I am in Bellingham but I won't have any problem commuting to Seattle as needed. So, if you have a couple of good lawyers' contact info, click on my moniker (user id) and shoot me an e-mail. All your help is much appreciated.

Al

[katicabogar]

Hi,

Check your e-mail, I just sent some atty names to you.
Good luck.
Kat

[angleye]

Hello Karen:

Thanks for your reply. I checked my e-mail and I didn't find yours, not even in the bulk folder. Maybe there is a 24 hr. wait time by the administrator or something like that. I'll check again tomorrow and will let you know.

Al

[katicabogar]

Angleye,

Check your e-mail again, I re-sent the info what you were looking for. Sorry the first didn't go through, somehow I sent to myself and it went to my junk e-mail.

Kat

[angleye]

Thank you so much for the e-mail, Kate--I got it. Sorry about the name mix-up.

I'll follow your suggestion and will make a phone call to consult.

On the subject of FMLA--my company's policy is "to count the 12 weeks backward from the date an employee uses any leave". I have no clue what backward means. I don't know why they don't use the fiscal year. I was hurt in mid December, so when does the 12-week period expire?

Thank you,

Al