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enough is enough
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07-14-2008, 05:53 PM
(This post was last modified: 07-14-2008 05:58 PM by Bad Boy Bad Boy.)
Post: #11
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RE: enough is enough
Hawaii1
The people holding your Morgage don't want your house, and they don't want to see go into foreclouser. Making contact with them is the best solution. They can, and in many cases work with you, till hard times are over for you. Hawaii1, you stated your Union Contract allows you 24 months of leave when injured at work. Correct. Did you hit the 24 month mark? In order for the Union rep to consider getting you an extionsion past the 24 month mark, you need to request that in writing, mailed to your Union reps Office Via Certified Mail with Reciept. In your letter requesting to see the letter they then send to your employer asking for an extension past the 24 month mark. Otherwise, everything then will only take place as verbal discusion. Your Union may of not let you down. But only performed things as you requested. Your employer may had made a simple statement to the Union Rep stating they would not extend past the 24 month mark, and will only abide to the Union Contract as it is written. I have seen this done so many many times before, and then there is no paper trail to even show you that the Union did atleast try, and it was the employer that would not extend. I hope you are and have obtained your out of work stamps on a monthly basis. You do have Pension credits that you can collect some day. This is your money, don't throw it away. Unions don't come right out and always tell people these things. But then again it's up to the members to protect their money isn't it. If you ever get Awarded SSDI, you take that to your Union Pension Office to collect what is called Early Retirement Disability. But you can not work after that, or the funds stop if you do. And then you wait till your age of retirement to collect again. Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor. |
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07-14-2008, 06:32 PM
Post: #12
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RE: enough is enough
I don"t even know what out of work stamps are? I'm not going to be going for SSDI.I'm finishing up with physical therapy. I will be able to work.My arms have been repaired.
My mortgage company is doing what the can,I'm doing what I can. What I need is to go back to my Job. I will not be able to support My family without the same wages and benifits I had. There is no jobs in my area willing to pay me what I earned before. |
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07-14-2008, 07:39 PM
Post: #13
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RE: enough is enough
(I don"t even know what out of work stamps are?)
Then I offer good advice. That is to go to your Union Hall, and ask them what are the requirement you need to make with them if you not being an active member since your 24 months of leave have passed. You need to make those arrangements. And need to make them quick, or you might risk losing your money in the Pension Fund. You do not want to lose that. You stated your employer made it clear to you that you had been Discharged. This indicates all you can do is move on and find other work. But, I will say this, you have one chance that you can ask you Ex-employer to rehire you. Then down fall is, they can, and they just might, but you will start all over from scratch with no seniority. Then your scale of pay may be less then also, I don't know... But that is the only option you now have left... (I took my medical form to my employer and I was told with my 7 year old son with me that they discharged me!I no longer have a job.) Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor. |
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07-15-2008, 10:02 AM
Post: #14
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RE: enough is enough
Thank you ! I'm going to call my union now. My company also said They didn't have to give me a pink slip. The commisioner said as far as he was concerned I still have a job.The next time I see the Dr. I'm to bring my medical form to them again and not leave unless they give me a pink slip if I've been discharged. The commisioner can't do anything for me unless the company gives me a pink slip.
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07-15-2008, 01:06 PM
(This post was last modified: 07-15-2008 01:15 PM by Bad Boy Bad Boy.)
Post: #15
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RE: enough is enough
Hawaii1, I have read your State Workmens Compensation laws and Rules that pertain to employment.
The commisioner can't do anything when a employer and an employee are under contract with a Bargening Agent (Union) and the employer, the Union, and the employee had meet the guides outlined in such Contrat as it is writen for all parties within such Contract. Your employer is correct, they don't need to supply you with a Pink Slip. They meet the Union Contract Provision of Leave up to 24 Months.1 day after the said 24 months had run out, the employer than has every legal right to remove any person from showing up on Pay Roll Records, Vaction Records and so on. Like I said, then the Law states, the employer, only if they wish to, can Re-Hire a person that had medical Proof they are now capable after the 24 month leave period to Re-Apply for employment, and are capable to work back in the work force feild. I know what you want to do, I know you want to return back to place of employment, and you want to make you scale of pay back. But, you also need to consider the fact, their is no Law or State Ruling, saying you employer has to allow that to happen. I would think, you would rather lesson up on the stress of this, and simply go their and Re-Apply for employment. You were injured at work, and to your employer, and to their Insurance Carrier, you are only a major Risk to them now. This is how they look at injured workers, your not being single out. In a general sense Your beating a Dead Horse to death, but the Horse isn't going to get up and take an Apple out of your hand an eat it now. You just can't have it your way. it doesn't work like that. I'm sorry, but I do truely wish I could give you better results here. But there are none. Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor. |
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07-15-2008, 08:44 PM
Post: #16
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RE: enough is enough
I understand what you are telling me. I'm not ready to give up just yet. The IC did exactly what there goal for me run down the time table for the 24 months on an injury they had excepted. My next move is to go back to the commisioner section 31-290a file a complaint.
My stress level is at minium. I have excepted the happenings finially. It is what it is. Just reading everyone's battles there is injustice in every states work related injuries. I have been back in forth to the commisioner and he or she has the same power as a judge. and yet these IC get around the system. There goal is to wear you down. I have a co-worker who has not had a problem with his injury claim at all. He was just taken care of. Another co-worker who was aloud to come back lite duty. And then there are others that end up in a spinning cycle. |
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07-15-2008, 08:53 PM
Post: #17
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RE: enough is enough
Hawaii1, if you only knew how much it hurt me to tell you what I did. I too am a injured worker. If I knew for a fact there was a loop hole in your Union contract, I surely would have led you to it. As a Union Member, I done plenty of work with my Union, and I learned some things others would never think off. That is why I almost begged you to protect your Pension Fund Money.
And yes, these injuries and those IC's and some employers with just drag and drag. They have things set in their minds when one becomes injured. I've been on my cases since 2000/2001... Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor. |
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