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Can Employers do this...

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wdavninja

Guest
Texas... I was injured on the job (hernia) and taken to the hospital by ambulance. It took three doctors including the company doctor two months to diagnose the problem.
I was scheduled for surgery in early January due to the holidays. My company does not have light-duty (this I was told in a meeting with HR). But after they found out that I was enrolled in a college, I was suddenly offered a light-duty position that I accepted. My light duty assignment lasted for two months until my scheduled surgery.
This two months, as I was told by HR had reset my short-term disability time back to zero. I came back to work again on light-duty after my surgery.
I developed complications during the healing process and was told by a surgeon, recommended to me by HR, that I may have to undergo another operation. The surgeon wanted to try other methods first. Mind you I was required to maintain contact with the company doctor and HR every 30 days...which I did..and which was later changed to only having to keep in touch with Medical and that HR was out of the loop - per HR.
I was taken off of my light-duty assignment after about 3.5 months because the company does not have a light-duty policy - per HR. I was told by HR that as of the last day of my assignment I had approximately 3-4 months left of STD. A week or two later I got a certified letter in the mail that stated I was on FMLA (which was not in our handbook- oops we didn't have a handbook to my knowledge at that time).
I went to the company doctor and let him know that I would be released by my doctor in 2 weeks. While still at the plant, a fellow employee informed me that HR had met with my shift and told them that I had been terminated. I didn't believe him and shrugged it off, but was stopped by the Safety Manager a few moments later and was told that HR did not want me on site and that I was to be escorted off site. So I left confused, this was on 9-22-2001.
I called HR to find out what was going, and I explained to them what had happened. I was told that there was a certified letter in the mail, which explains that I was terminated on 9-11-2001, and that they would mail me all of my belongings and there was nothing that they could or would do. I asked why didn't my STD reset, and how could I be terminated if I was on FMLA for a portion of the absence. No direct answer, except that I should have kept in touch. I informed HR that I was told only to report to Medical (which I did), and that HR was not to be contacted. This HR rep on the phone was the same person who told me this "new policy" earlier. I believe that I was the first and only person actually put on and not offered FMLA at my worksite.
Note: I was not put on Workman's Comp. because the plant doctor said that this injury could have happened anywhere. I told him that I felt fine at 5am (shift change) and at 10am I was in an Emergency Room. I did not argue this because: 1.) We get bonuses based on safety (alot of guys depend on this, including myself), and my injury would have put us at or over the limit. 2.) I never thought my injury would have kept me out of work for so long. 3.) I never - ever thought that I would've been terminated for my injury due to their lack of maintenance.

Due I have any recourse.
 


K

kenyoon

Guest
Obviously, you have a serious problem.

You need to talk with an employment lawyer ASAP. You probably have numberous rights that have been violated, mostly because the area of law you have fallen into is so terribly complicated.

It will probably take you several weeks of work to find an attorney who can competantly handle your case, or even give you some competant advice. I cannot. What you are looking for are the following specialties:

ERISA/Employee Benefits - this is a tough one. There are few competant plaintiff-side ERISA attorneys.
Workers' Compensation - this may or may not be an issue, but you need an expert to tell you if it is or isn't.
Employment - this is relatively easy compared to the above two.

I may be missing something here, but if you find lawyers with the above specialties, they take over.

Since you may have a good case (or likewise a really bad case) you need to speak with someone smart, knowledgeable, and with time to spare. Anyone you talk to should spend at least a good half hour (at a minimum) just to figure out what to say to you.

Good luck.
 

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