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Should I quit or wait to be fired? I NEED HELP!
#1
I work for Charter Communications, have been there since November. In January I took a 30 day medical leave non payed, I am 19 own a house and support others in my home (technically I have a lot on my plate) anyways I thought I was having a heart attack turns out it was severe anxiety so I took a 30 day medical leave. When I come back my work van is gone along with personal possessions of mine that were in the van, which upset me but I said nothing. By the time I returned I had sorted out my anxiety and was doing better been back at work now for about two weeks then yesterday I was shocked while working on one of our lines probably took anywhere from 220-500 volts, I call my boss as any worker would do, and he tells me to come to the office and he'll take me to the ER. I get to our office and walk in my supervisor's office and he tells me to shut the door so I do so.... then he starts ripping me, didn't ask how I was or check for electrical burns...he told me I had been missing to much work ( I haven't missed a day other than the 30 day non payed medical leave my HR approved of) then he tells me he doesn't think I'm working out and that I'm not worth keeping around, (let me also add that this week alone I worked out of county the whole time and didn't come home until 11pm or so like every night and my shift is 10am-7pm, reason I worked out of county is because the next county over was overflowing with work orders) so as I was saying he was harassing me and continued too, before we left for the hospital he told me I wouldn't be able to work until we got the results back from a urine test and that I shouldn't expect to have a job after we get my urine results back, (it's a mandatory urine test after any work related injury or car accident. and I'm clean, no drugs or anything like that so you all know I will pass that UA. So he takes me to the hospital they take me back take me back run an EKG, I fill out workerscomp paperwork, so when Sunday comes around (one of my regular work days) he calls me up and is like where the hell are you? I'm like I'm at home and he continues to harass me over the phone stating he's gonna talk to the "higher ups" to have me terminated because I didn't come to work and (he stated that he did not tell me I couldn't work, he stated that he said I couldn't drive) so anyways I say well I'm sorry for the miss communication but I cannot come in today as I was already out of town. So I don't know what I should do... don't know if I should quit, wait to be fired, file a harassment claim, file for unemployment or fight for workerscomp... also I am not sure if this is correct or not but I believe it's illegal to terminate an employee due to a work related injury, if it helps I'm also in Oregon. So many options and I have no idea what to do. Please help, Thanks.
 
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#2
it is illegal to discriminate against a worker for filing a claim.
it's just difficult to prove that is the reason for the employers behavior.
if your quit you cannot collect unemployment.
you are obviously with an employer that doesn't want you. if you are going to leave do so under your terms when you are ready.
without knowing much about your medical condition or your injury you should make sure your claim is filed with the carrier...
contact them to confirm they have the claim. once your claim is filed and providing there are only a few medical bills to pay you can then decide to look for another job or stay.

Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
Any more input from others? I really need some help on this decision
 
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#4
(02-23-2015, 01:26 AM)1171 Wrote: it is illegal to discriminate against a worker for filing a claim.
it's just difficult to prove that is the reason for the employers behavior.
if your quit you cannot collect unemployment.
you are obviously with an employer that doesn't want you. if you are going to leave do so under your terms when you are ready.
without knowing much about your medical condition or your injury you should make sure your claim is filed with the carrier...
contact them to confirm they have the claim. once your claim is filed and providing there are only a few medical bills to pay you can then decide to look for another job or stay.
I for sure want to leave, should I file a harassment claim against my supervisor with my HR? I believe when I go in tomorrow I will be terminated and I would like to take action against the company because they will be terminating me due to a work related injury, how would I go about that? Such as filing a claim because I looked up the laws in Oregon and I know if I quit I can still be able to file for unemployment due to the fact that I have a reasonable reason for quitting such as being harassed by my supervisor, but I'd rather him fire me so I can take action against the company for unlawfully firing me.

 
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#5
you can get more specific information from the ombudsman
http://www.oregon.gov/DCBS/OIW/Pages/what_we_do.aspx
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#6
You have only worked at this employer a few months and took 30 days off. I can understand why they would be hesitant.

I suggest not quitting your job. Obtaining unemployment after you quit can be difficult if not impossible.

I suggest doing whatever you can to work things out with your employer. If they fire you, you should apply for unemployment. I do not recommend quitting until you find another job first.

I also suggest deleting your employers name in your post, date of hire, date you were injured and any identifying information in your post. You can easily do this with the edit button at the bottom of your post. Anyone can read this site and many do.

Please know your HR department works for your employer and is not there to protect the employee.

How are you doing from the shock and have you received treatment for that?
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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