Can we sue? (detailed info) edited
What is the name of your state?IN
My husband worked for Exide Technologies Corporation that recycles lead out of car batteries as a furnace operator.
On 7/7/05 Larry, got sick with cramps in this stomach, legs, feet, arms and hands. He went to the company nurses office. Nurse asked Larry if he needed to go to the Drs office. He said that yes he did but he was scared to drive himself in his stick shift pickup due to the cramping he was having. Nurse told Larry that she would drive him to the doctor’s office. After Larry got done taking his mandatory shower that is needed to leave the plant, he than reported back to the nurse’s office. The nurse was talking with the head of Environmental, Mike, after talking to Mike; Nurse said that she would not be taking him to the Doctors office and that Larry should just drink more fluids
. The nurse and office personnel left at 5:00pm. Larry shift ended at 6:30.
When Larry returned home I took him to the Emergency room due to his bad cramping. Dr. Dickey at the Emergency room determined that Larry’s Kidneys were starting to shut down and he had Acute Renal Failure (ARF) in his Kidneys due to dehydration. He had to stay in the hospital till 7/9/05 for treatment and so they could run more tests to determine the extent of damage and to make sure he did not have any other damage, he did not show any other damages but the ARF at 2 . Dr Dickey had release Larry to go back to work on 7/16/05.
On 7/11/05 Larry went to Exide to turn in his doctor slip to the HR Nichole . Nichole said the paper work was not enough and Larry needed to get FMLA paper filled out by his doctor. I called and talked to Nichole and asked her if she was going to file with workers compensation. Nichole ask if I though that was necessary and I said yes he got sick at work. Nichole said since it was a WC issue Larry would have to see the company Doctor ASAP.
Larry reported to the company doctor on 7/13/05 per his appointment that was set up but HR and Co. Nurse. Company doctor Dr. Santoro release Larry to go back to work that day 7/13/05. Larry reported back to work on 7/16/05 per his first doctor. He only stayed 4hrs due to becoming lightheaded and cramping started again. He told his supervisor Ralph he needed to go back to the Doctor. Ralph said OK. Larry went back to Dr. Dickey to get slip for leaving early on 7/16/05.
On 7/19/05 Larry went back to Exide to talk to HR Nichole to find what job duties he should be doing, accompanied by Union Stewart Misty HR assistant said Nichole was not in and would be out till 7/25/05.
On 7/25/05 Larry called to talk to Nichole but was told by Misty she would not be back till 7/26/05.
On 7/26/05 Larry went back to Exide to check on his status with Nichole. He went with Union Stewart . Nichole said she did not know his statues and she would not be getting to that today, she said she would let Larry know.
On 7/28/05 Larry got a letter stating he needed to go back to company doctor for a 2nd second opinion .
On 8/3/05 Larry went again to see Dr. Santoro, he was release for 8/5/05.
On 8/5/05 Larry went with Union Stewart to give Dr. slip to Nichole, Misty said Nichole was not in and would not be back till 8/15/05 and said he should check with Head of Environmental Mike. When Larry and Union Stewart went to Mike’s office, Mike and Plant Manager Scott were there. Larry asked if they knew what his statues was. Mike said he did not and Larry would have to wait till Nichole got back on 8/15/05 to find out his statue.
Larry got a call from Co. Nurse stating that since the company doctor did not agree with Dr. Dickey , he would have to get a 3rd opinion, Nurse set up his appointment for 8/19/05.
On 8/19/05 Larry went to see 3rd doctor Dr. Brami. Dr. Brami agreed that Larry did get sick from dehydration. Dr. Brami said he was not going to fill out any paper work yet till he had a chance to talk to the other Dr.’s and HR.
On 9/17/05 Larry rec’d termination letter from Exide stating he was terminated effective 8/14/05.
We have rec'd a check from our insurance co. for short term disability, work Comp has also excepted this claim. All doctors have released him, but the HR has him fired before his 3rd doctor appointment. How can they do this? Union is no help , the union stewarts can't get in contact with higher up officials for help. Can we sue company and union? If any one can help us or point us in the right direction I would greatly appreciate it!!!THANKS!
What is the name of your state?IN
My husband worked for Exide Technologies Corporation that recycles lead out of car batteries as a furnace operator.
On 7/7/05 Larry, got sick with cramps in this stomach, legs, feet, arms and hands. He went to the company nurses office. Nurse asked Larry if he needed to go to the Drs office. He said that yes he did but he was scared to drive himself in his stick shift pickup due to the cramping he was having. Nurse told Larry that she would drive him to the doctor’s office. After Larry got done taking his mandatory shower that is needed to leave the plant, he than reported back to the nurse’s office. The nurse was talking with the head of Environmental, Mike, after talking to Mike; Nurse said that she would not be taking him to the Doctors office and that Larry should just drink more fluids
. The nurse and office personnel left at 5:00pm. Larry shift ended at 6:30. When Larry returned home I took him to the Emergency room due to his bad cramping. Dr. Dickey at the Emergency room determined that Larry’s Kidneys were starting to shut down and he had Acute Renal Failure (ARF) in his Kidneys due to dehydration. He had to stay in the hospital till 7/9/05 for treatment and so they could run more tests to determine the extent of damage and to make sure he did not have any other damage, he did not show any other damages but the ARF at 2
. Dr Dickey had release Larry to go back to work on 7/16/05. On 7/11/05 Larry went to Exide to turn in his doctor slip to the HR Nichole . Nichole said the paper work was not enough and Larry needed to get FMLA paper filled out by his doctor. I called and talked to Nichole and asked her if she was going to file with workers compensation. Nichole ask if I though that was necessary and I said yes he got sick at work. Nichole said since it was a WC issue Larry would have to see the company Doctor ASAP.
Larry reported to the company doctor on 7/13/05 per his appointment that was set up but HR and Co. Nurse. Company doctor Dr. Santoro release Larry to go back to work that day 7/13/05. Larry reported back to work on 7/16/05 per his first doctor. He only stayed 4hrs due to becoming lightheaded and cramping started again. He told his supervisor Ralph he needed to go back to the Doctor. Ralph said OK. Larry went back to Dr. Dickey to get slip for leaving early on 7/16/05.
On 7/19/05 Larry went back to Exide to talk to HR Nichole to find what job duties he should be doing, accompanied by Union Stewart Misty HR assistant said Nichole was not in and would be out till 7/25/05.
On 7/25/05 Larry called to talk to Nichole but was told by Misty she would not be back till 7/26/05.
On 7/26/05 Larry went back to Exide to check on his status with Nichole. He went with Union Stewart . Nichole said she did not know his statues and she would not be getting to that today, she said she would let Larry know.
On 7/28/05 Larry got a letter stating he needed to go back to company doctor for a 2nd second opinion
. On 8/3/05 Larry went again to see Dr. Santoro, he was release for 8/5/05.
On 8/5/05 Larry went with Union Stewart to give Dr. slip to Nichole, Misty said Nichole was not in and would not be back till 8/15/05 and said he should check with Head of Environmental Mike. When Larry and Union Stewart went to Mike’s office, Mike and Plant Manager Scott were there. Larry asked if they knew what his statues was. Mike said he did not and Larry would have to wait till Nichole got back on 8/15/05 to find out his statue.
Larry got a call from Co. Nurse stating that since the company doctor did not agree with Dr. Dickey , he would have to get a 3rd opinion, Nurse set up his appointment for 8/19/05.
On 8/19/05 Larry went to see 3rd doctor Dr. Brami. Dr. Brami agreed that Larry did get sick from dehydration. Dr. Brami said he was not going to fill out any paper work yet till he had a chance to talk to the other Dr.’s and HR.
On 9/17/05 Larry rec’d termination letter from Exide stating he was terminated effective 8/14/05.
We have rec'd a check from our insurance co. for short term disability, work Comp has also excepted this claim. All doctors have released him, but the HR has him fired before his 3rd doctor appointment. How can they do this?
Union is no help , the union stewarts can't get in contact with higher up officials for help. Can we sue company and union? If any one can help us or point us in the right direction I would greatly appreciate it!!!THANKS!
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