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FIRED WHILE ON WORKMAN'S COMPENSATION
06-04-2009, 04:26 PM,
#21
RE: FIRED WHILE ON WORKMAN'S COMPENSATION
capricorn Wrote:Sorry but I have never heard of it being illegal to terminate someone while on WC. This is a first. WC "contact" people will tell you anything. They can and do ...does not makeit legal. Try to get a free consult with a WC attorney. They will tell you as long as you werent' terminated for filing a WC claim then they did nothing wrong. Verify what we're all telling you. Please. Unless it is policy or in aen employer's handbook that they will never terminate an employee on WC yours did nothing wrong. I wish you the best. You can also check MA law at the top of the page but honestly I think you would be better off contacting an attorney and getting a legal answer.

If you think you need an attorney, click on the link above for an attorney referral.
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06-04-2009, 06:02 PM,
#22
RE: FIRED WHILE ON WORKMAN'S COMPENSATION
Bad Boy Bad Boy Wrote:As you stated;

(((I had the option of "resigning" along with the 40+ other teachers)))

That statement above was your option. You were given a choice, yet you choose not to accept. You should have, as you have moved as you stated.

Your employer has done nothing wrong in the eyes of the Labor Board. You have no case, no legal case.

Your only problem was, you made a bad choice, and now your paying for it is all. This is what angers you, yet there is nothing you can do about it now.
Obviously you know nothing about the American Disabilities Act that has recently joined forces with Workman's Compensation . I do not have to resign because I am "disabled".

Being disabled prohibits me from driving to any interviews should I be lucky enough to get one.

The only reason the school district gave all the teachers the option was so they wouldn't have to pay unemployment benefits, or at least make it extremely difficult for ex employees to ever receive them.

The only thing that angers me is IGNORANT people.
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06-04-2009, 07:54 PM,
#23
RE: FIRED WHILE ON WORKMAN'S COMPENSATION
If you wish to think people are IGNORANT, that is fine.

I do know how the ADA works. Sadly to say, it doesn't fit into what your complaint is though. Your claim of being disabled, isn't permanent.

(((I had the option of "resigning" along with the 40+ other teachers)))

You are in the same shoes as the 40 plus other employee's. As you stated, your were not singled out then. Meaning you have no case.

The offer that was made, wasn't made because you were disabled. So being said, the ADA can't help you. State Labor Boards can't help you. The EEOC can't help you. And Work Comp can't help you.

Since that is the case, an Attorney will have to charge you to test your case. Being said, I hope you can afford the up front cost, and $250.00 to $500.00 dollar an hour it is going to cost you. When the normal settlement for a person with a case is only about $10,000.00. Which means you will be spending more then that amount.

If you wish to call that IGNORANT, so be it. But, that is the proper information.
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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06-04-2009, 09:28 PM, (This post was last modified: 06-04-2009, 09:33 PM by ace25.)
#24
RE: FIRED WHILE ON WORKMAN'S COMPENSATION
pjl92668 Wrote:Obviously you know nothing about the American Disabilities Act that has recently joined forces with Workman's Compensation . I do not have to resign because I am "disabled".

Being disabled prohibits me from driving to any interviews should I be lucky enough to get one.

The only reason the school district gave all the teachers the option was so they wouldn't have to pay unemployment benefits, or at least make it extremely difficult for ex employees to ever receive them.

The only thing that angers me is IGNORANT people.
Have to agree with Bad Boy on this one. I don't understand your comment about workers' comp and ADA "joining forces" at all. The ADA, (which is called the Americans with Disabilities Act, not "American Disabilities Act") passed in 1991, is a federal act. Workers' comp is a state regulated program. They certainly can dance in the same hall, but there is no combining of the two programs. On the surface they have nothing to do with each other.

You are also not disabled under ADA guidelines. You have an injury that may temporarily disable you, but that does not meet criteria for protection from ADA. You say that ignorant people anger you. Sounds like you've been talking to some pretty ignorant people, as your views and facts tend to be, well, wrong. Sorry to say, but you appear to be sadly misinformed.

No offense, but its beginning to sound like you should have a little cheese with that whine.....
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06-04-2009, 09:30 PM,
#25
RE: FIRED WHILE ON WORKMAN'S COMPENSATION
By the way, it is not "workmans' compensation". It is workers' compensation. It was changed in the 70's to a gender neutral term.
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06-04-2009, 10:18 PM,
#26
RE: FIRED WHILE ON WORKMAN'S COMPENSATION
Read your labor contract. The rule of thumb in education is to follow the rules set forth in the contract but you will find that the exception to the rule is always when budget cuts are involved. Positions are cut; not necessarily because of the person who holds the position, but because it was one of the positions chosen to be eliminated. Many districts had to pink slip all the music teachers, or cut back on sports and P.E., etc. However, I do believe that employers take advantage and let people go for other reasons; claiming budget cuts. But how can you prove it?

Why would you be blackballed from teaching again, if you were released due to budget cuts? It's happening everywhere.

You will remain on temporary total disability thru WC until your doctor releases you to return to work. Once that happens, you are eligible to file for unemployment.

I doubt if you can win here. That is why I have chosen to take an early retirement and it's killing me.

I hope you can rebound from this awful situation you are in. I wish you the best and hope you find a way the law can help.
Let Go, and Let God......
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06-05-2009, 09:41 AM,
#27
RE: FIRED WHILE ON WORKMAN'S COMPENSATION
Two statements you made, shows why you have no legal actions to take;

(((No one can help me, not even the union)))

(((I had the option of "resigning" along with the 40+ other teachers)))

Your Union works with a Contract, based on the Labor Laws and such, expect for some minor changes. Since the Union can't help you, that means and shows there are no actions that are legal to take up, or they the Union would have.

With your ACL, MCL, and Meniscus waiting surgery, I don't understand where you got 8 to 12 weeks of recovery. Your lQQking at 6 months or so. Which would put you into the middle of the school year, and able to then work.
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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06-05-2009, 11:20 AM,
#28
RE: FIRED WHILE ON WORKMAN'S COMPENSATION
caution.
be careful of ganging up a on poster.
you regulars have prior history of group think and echoing each other.
to newbies and first-timers/outsiders it can appear as intimidation and degenerate into bullying.
just an alert.
carry on.
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06-05-2009, 09:19 PM,
#29
Toungue  RE: FIRED WHILE ON WORKMAN'S COMPENSATION
If you cannot get a free consult with a lawyer, try legal aid.
At least they can answer all (or most) of you questions.
Bernie Smile
L shoulder torn 3.5" R shoulder damaged. Heart damage, carpal tunnel (L&R) cataplexy/narcolepsy, arthritis, hypoglycemic. +. Bernie
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06-06-2009, 12:25 PM, (This post was last modified: 06-06-2009, 12:25 PM by Bad Boy Bad Boy.)
#30
RE: FIRED WHILE ON WORKMAN'S COMPENSATION
I want to say I'm not ganging up on anyone, but just trying to explain what I do know. I was a stong Union Member before I was injured. Yes, I had to learn many other things other then a Union Contract and Union By-Laws. I had to learn the rights of the employer, and also the employee. Such as Labor Board Laws and Rules, Osha Laws and Rules, EEOC Laws and Rules, and the ADA Laws and Rules. I even had to learn some Civil Court Laws and Rules. As I gave my opinion, it may of seemed harshed, but not intended to be that way. I come off that way, to try and prepair a person for a let down, or something that may have a very hard chance of coming to life.

My best opinion here is, that it doesn't matter what I say anyway, and if I was you, I too would consult an Attorney just to see if I or even you have any recourse action to take. That is the best opinion I can offer. At the top of this web page is a link that can be able to give you that answer you do need.

http://www.workerscompensation.com/attor...ferral.php
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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