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FIRED WHILE ON WORKMAN'S COMPENSATION
06-03-2009, 04:14 PM
Post: #1
Rolleyes FIRED WHILE ON WORKMAN'S COMPENSATION
I was fired on 5/28/09 while out with a torn ACL, MCL, meniscus and bone fractures in my right knee. I have not been able to drive and can barely walk, surgery is scheduled for late July. I have been attending physical therapy 3 times a week to prepare for surgery.

I am out of state staying with family and am now faced with finding a way to apply for other teaching jobs. Since there is only a small window of opportunity to apply for jobs before the new school year (start dates are typically in mid August) I am in quite a pickle and may be forced to go on unemployment!

I don't want that, I want a teaching job and I need my medical benefits.

Who is going to hire me knowing I need surgery and may not be able to start the new school year? When a teacher is "fired", their teaching career is virtually over, no one wants to hire a teacher who was not renominated.

I had the option of "resigning" along with the 40+ other teachers let go but I couldn't because I cannot get out there and find a job like the others who are fully able bodied to work. I do not and will not get the permission to go back to work by the doctor until I recover from surgery (8-12 weeks). I have to accept the "black eye" of non-renomination and will have a difficult time ever finding a teaching job again, something I have spent 10+ years to get.

Is this illegal? No one can help me, not even the union.
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06-03-2009, 04:19 PM
Post: #2
RE: FIRED WHILE ON WORKMAN'S COMPENSATION
well welcome to our world......many teachers are getting laid off everywhere for no reason ....you have a reason......after you get well you can start over subbing till you get a post....in the mean time get yourself fixed

........I love cats, I just cant eat a whole one by myself......
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06-03-2009, 04:22 PM
Post: #3
RE: FIRED WHILE ON WORKMAN'S COMPENSATION
PJ: were you "pinked" like most of the Teachers? Or did they fire you because of a cause? Most school districts give you a form that stipulated what the reason was...my ex worked for a school district as a teacher for 34yrs...

Babebahn..."Tongues don't have erasers"
Injured 1999 3 level anterior cervical fusion 2001
Settled Work Comp Case 2006 w/ Lifetime Medical Currently, C7-T1 is being watched will possibly need surgery front/back fusion from C3-T2, lower back needs another facet injection.
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06-03-2009, 04:33 PM
Post: #4
RE: FIRED WHILE ON WORKMAN'S COMPENSATION
FMLA also protects your job for 12 weeks

........I love cats, I just cant eat a whole one by myself......
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06-03-2009, 04:36 PM
Post: #5
RE: FIRED WHILE ON WORKMAN'S COMPENSATION
Babebahn Wrote:PJ: were you "pinked" like most of the Teachers? Or did they fire you because of a cause? Most school districts give you a form that stipulated what the reason was...my ex worked for a school district as a teacher for 34yrs...
None of us were pinked slipped even though we are sure that is the reason. Back in Jan/Feb we were informed via a memo from the superintendent that the district was losing 4 million dollars from the budget.

This district is a low income school district and receives millions in grants and for that reason, one of the teacher's fired along with myself, believes they "cannot blame the job loss on a budget cut".

We all given terrible evaluations that stated why we would not be hired back. The principal was in our rooms a total of 30 minutes all year long! Not kidding. This district does not complete formal evaluations like the other schools I worked in, where coincidentally, I was given great evaluations.
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06-03-2009, 05:25 PM
Post: #6
RE: FIRED WHILE ON WORKMAN'S COMPENSATION
are you receiving ttd payments? since you haven't been released to go back to work it seems to me like you should still be receiving benefits until dr says you are able to work. not sure what state you are in or rules there but i would check into it if i were you. good luck and hope you find another teaching position soon.
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06-03-2009, 05:36 PM
Post: #7
RE: FIRED WHILE ON WORKMAN'S COMPENSATION
1) Yes, you can be terminated while on workers' comp. You cannot be terminated BECAUSE of workers' comp (unless it keeps you inactive long enough to meet an employers general inactive termination policies).

2) The fact that 40+ teachers were let go and the district says they lost $4 Million probably puts them on pretty firm footing.

In my state the tax base is eroding from falling real estate values and hundreds of teachers are being let go. It is happening across the country. I sympathize with your situation, but you have plenty of company in the "non-renomination" department. I really don't think that will be the big hurdle to you finding a new job, as it is common right now. The immediate issue for you is, as you stated, not being able to find a job because you will be laid up beyond the start of the school year.

If you are on comp and unable to work due to the injury, you may be entitled to continuing wage benefits despite the termination. It will really depend on the state you are in, which you did not provide us. Do you have an attorney?

"In the interest of peace, one should change their signature often"
(or when threatened by someone who packs heat) Smile
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06-03-2009, 06:07 PM
Post: #8
RE: FIRED WHILE ON WORKMAN'S COMPENSATION
buildergirl1973 Wrote:are you receiving ttd payments? since you haven't been released to go back to work it seems to me like you should still be receiving benefits until dr says you are able to work. not sure what state you are in or rules there but i would check into it if i were you. good luck and hope you find another teaching position soon.

I am still getting workman's compensation benefits (60% of my pay).

What is ttd payments? An acronym for workman's comp?

I work in MA but live 2 hours away in MA while recovering with family.
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06-03-2009, 06:12 PM
Post: #9
RE: FIRED WHILE ON WORKMAN'S COMPENSATION
ace25 Wrote:1) Yes, you can be terminated while on workers' comp. You cannot be terminated BECAUSE of workers' comp (unless it keeps you inactive long enough to meet an employers general inactive termination policies).


Don't they need to have a job for me to return to? I was told they can't fire me while on workman's compensation, they can fire me when I am fully abled to walk back into my new job, and on the 1st day back, I can be fired.


2) The fact that 40+ teachers were let go and the district says they lost $4 Million probably puts them on pretty firm footing.

Why didn't they use the 40 million budget cut as the excuse then? Why blacklist us from the job market? If you know anything about education, you'd understand it is so very different then other jobs.

In my state the tax base is eroding from falling real estate values and hundreds of teachers are being let go. It is happening across the country. I sympathize with your situation, but you have plenty of company in the "non-renomination" department. I really don't think that will be the big hurdle to you finding a new job, as it is common right now.

The immediate issue for you is, as you stated, not being able to find a job because you will be laid up beyond the start of the school year.

EXACTLY!!

If you are on comp and unable to work due to the injury, you may be entitled to continuing wage benefits despite the termination. It will really depend on the state you are in, which you did not provide us. Do you have an attorney?

I worked in MA but live in ME while recovering.[/i][/font]
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06-03-2009, 06:13 PM
Post: #10
RE: FIRED WHILE ON WORKMAN'S COMPENSATION
Welcome to the forum!

I worked as an Early Childhood teacher and received bilateral injuries to the knees & back while working in the classroom.

Did the HR Department have an exit interview with you and put in writing the reason you were fired? HR policies should be in the districts employee's handbook.
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